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ORDINANCES AND RESOLUTIONS 

OF THE 

Mayor and City Council 

OF BALTIMORE. 



PASSED AT THE ANNUAL SESSION 1975-1976 




Baltimore 

King Brothers, Inc. 

City Printers 

1977 



U<^ 






, 



ORDINANCES 

PASSED AT THE ANNUAL SESSION 
1975-1976 



No. 1 

(Council No. 39) 

An Ordinance to repeal and re-enact, with amendments, 
Ordinance No. 1018, approved November 13, 1975 to 
authorize the Mayor and City Council of Baltimore, pur- 
suant to and in accordance with the Maryland Industrial 
Development Financing Authority Act to acquire the 
property at 1221 DeSoto Road, Baltimore, Maryland, and 
lease same to Mangels, Herold Company, Inc. ; to borrow 
a sum of money not to exceed Nine Hundred and 
Seventy-eight Thousand Dollars ($978,000), and use the 
same to acquire and improve said property; and to bor- 
row a sum of money not to exceed Two Hundred and Two 
Thousand Dollars ($202,000), and use the same to ac- 
quire and install machinery and equipment for lease to 
Mangels, Herold Company, Inc. ; to execute the necessary 
legal documents to secure said loans; and conferring and 
imposing upon the Department of Housing and Com- 
munity Development certain powers and duties. 

Whereas, [Article 1, Sections 49 through 55, of the Bal- 
timore City Code (1966 Edition) created the Baltimore City 
Economic Development Commission, hereinafter called 
"Commission," and vested in it] Ordinance No. 1022, 
approved November 2U> 1975 vested in the Department of 
Housing and Community Development hereinafter called 
" Department" certain powers and duties to be exercised 
in connection with aiding the industrial growth of Balti- 
more City ; and 

Whereas, Article 41, Sections 266J to 266CC, inclusive, 
of the Annotated Code of Maryland, as amended, created 
and amended the Maryland Industrial Development Financ- 
ing Authority hereinafter called "MIDFA," and vested in 
it certain powers and duties in connection with the preser- 
vation and betterment of the economy of the State; and 



4 ORDINANCES Ord. No. 1 

Whereas, the aforementioned sections of said Article 41 
of the Annotated Code of Maryland, among other things, 
authorize any municipality of this State to borrow money 
without pledging its full faith and credit, and to execute 
a mortgage as security therefor, and use such money to 
defray the cost of acquiring any industrial project, includ- 
ing land, buildings and equipment, either by purchase or 
construction, after the adoption of an ordinance by the 
legislative body of the municipality to do so ; and 

Whereas, Mangels, Herold Company, Inc., a corporation 
organized and existing under the laws of the State of 
Maryland, by its letter of intent dated August 14, 1975, 
addressed to the Mayor of Baltimore, hereinafter called 
"City," has requested aid and assistance from the City in 
connection with the acquisition, improvements, and equip- 
ping of the property hereinafter designated in Baltimore 
City which is to be used by the aforesaid Company; and 

Whereas, it has been determined that cooperation by 
the City in connection with the aforementioned under- 
taking will improve the economic condition of Baltimore 
City ; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That: (a) pursuant to and in accordance with 
the terms and provisions of Section 266J and 266CC of 
Article 41 of the Annotated Code of Maryland, as amended, 
which created MIDFA: 

(1) The City be and it is hereby authorized to acquire 
by negotiation and not by eminent domain the land and 
improvements located at 1221 DeSoto Road, Baltimore, 
Maryland 21223, Ward 25, Section 2, Block 7772, Lots 48-U 
and 48-C. 

(2) The aforementioned property shall be acquired 
only for the purpose of leasing it to Mangels Herold Com- 
pany, Inc., to be used by it in connection with its business 
operations, upon such terms and conditions as may be mu- 
tually agreed upon by the City and said Company. 

(3) The City be and it is hereby fully authorized and 
empowered to borrow a sum of money not exceeding 
[Eight Hundred and Eighty Thousand Dollars ($880,- 



ORDINANCES 5 

000)] Nine Hundred and Seventy -eight Thousand Dollars 
($978,000) and to use the same for or in connection with 
the acquisition and improvements to the aforementioned 
property, and to execute a mortgage on said property to 
secure the aforesaid loan ; the terms of said mortgage shall 
not exceed twenty-one (21) years, and the rate of interest 
to be paid by the City in connection with said loan shall 
not exceed seven percent (7%) per annum. If at any time 
during the term of the loan it is determined that the inter- 
est to the [bank]) lender is not tax exempt from Federal or 
State of Maryland income taxes, the interest rate will auto- 
matically be increased to twelve percent (12%) for any 
periods that said interest is so taxable. 

(4) The City be and it is hereby fully authorized and 
empowered to borrow a sum of money not exceeding [One 
Hundred and Forty-two Thousand Dollars ($142,000)] 
Two Hundred and Two Thousand Dollars ($202,000) and 
to use the same to acquire and install machinery and 
equipment in the aforementioned property, to be used by 
Mangels, Herold Company, Inc., in connection with its 
business operations and to execute such legal documents 
as may be necessary to secure the aforesaid loan ; the time 
for repayment of such loan shall not exceed the normal 
useful life of said machinery and equipment and in no 
event shall exceed [eleven (11)] Nine (9) years, which- 
ever period of time is less, and the rate of interest to be 
paid in connection with such loan shall not exceed seven 
percent (7%) per annum. If at any time during the term 
of the loan it is determined that the interest to the [bank] 
lender is not tax exempt from Federal or State of Mary- 
land income taxes, the interest rate will automatically be 
increased to twelve (12%) for any periods that said inter- 
est is so taxable. 

(5) The terms and provisions of any and all legal 
instruments to be executed or entered into by the City in 
connection with the transaction authorized by this ordi- 
nance shall be subject to the approval of the Board of 
Estimates. 

Sec. 2. And be it further ordained, That the [Commis- 
sion] Department is hereby fully authorized and empow- 
ered for the purpose of this ordinance only : 



6 ORDINANCES Ord. No. 2 

(a) To promote, make investigations, conduct prelimi- 
nary negotiations, and do any and all other things neces- 
sary and proper to expedite the consummation of the 
transactions mentioned in this ordinance ; all pursuant and 
subject to the provisions of the Charter of Baltimore City. 

(b) After the transactions mentioned in this ordinance 
have been fully consummated, the [Commission] Depart- 
merit shall do any and all things necessary, proper or expe- 
dient to assure the full performance by Mangels, Herold 
Company, Inc., of any and all of the terms and provisions 
in any and all agreements entered into by the City and 
Mangels, Herold Company, Inc., all subject to the provisions 
of the Charter of Baltimore City. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 23, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 2 

(Council No. 40) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of $1,180,000 to the Balti- 
more City Department of Housing and Community 
Development to be used for property acquisition and 
improvement under the Maryland Industrial Development 
Financing Authority and City Ordinance in ac- 
cordance with the provisions of Article VI, Section 2(h) 
(3) of the Baltimore City Charter (1964 Revision). 

Whereas, Article 41, Sections 266J and 266CC, inclusive, 
of the Annotated Code of Maryland, as amended, created 
and amended the Maryland Industrial Development Fi- 
nancing Authority, hereinafter called "MIDFA," and 
1 In it certain powers and duties in connection with 
the preservation and betterment of the econony of the 
State, authorizes any municipality of the State to borrow 



ORDINANCES 7 

money without pledging its full faith and credit, and to 
execute a mortgage as security therefore, and use such 
money to defray the cost of acquiring an industrial project, 
including land, buildings and equipment, either by pur- 
chase or construction, after the adoption of an ordinance 
by the legislature of the municipality to do so ; and 

Whereas, the money appropriated herein represents the 
proceeds of an Industrial Development Loan fully 
guaranteed by the Maryland Industrial Development Fi- 
nancing Authority ; and 

Whereas, Ordinance provides a sum of money not 

to exceed Nine Hundred and Seventy-eight Thousand Dol- 
lars ($978,000) for the acquisition and improvement of 
the property at 1221 DeSoto Road, Baltimore, Maryland, and 
Two Hundred and Two Thousand Dollars ($202,000) to 
acquire and install equipment at said location; and 

Whereas, Ordinance provides for the leasing of the 

aforementioned property to the Mangels, Herold Company, 
Inc., to be used in connection with its business operations; 
and 

Whereas, the Industrial Development Loan represents 
a material change in circumstances since the adoption of 
the 1975-1976 Ordinance of Estimates ; and 

Whereas, the supplementary special loan fund appro- 
priation ordained herein has been recommended to the City 
Council by the Board of Estimates, said recommendation 
having been made at a regular meeting of said Board held 
on the 7th day of January, 1976, all in accordance with 
Article VI, Section 2(h) (3) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h)(3) of the 1964 revision of the Charter of Balti- 
more City, the sum of $1,180,000 shall be made available 
to the Department of Housing and Community Develop- 
ment of the City of Baltimore as a supplementary special 
loan fund appropriation for the fiscal year ending June 30, 
1976 for the purpose of acquiring and improving the 
property located at 1221 DeSoto Road, Baltimore, Maryland. 



8 ORDINANCES Ord. No. 3 

The amount thus made available as a supplementary spe- 
cial loan fund appropriation shall be expended from an 
Industrial Development loan and shall be the source of 
revenue for this supplementary special loan fund appro- 
priation, as required by Article VI, Section 2(h)(3) of the 
196 1 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
supersedes and cancels the appropriation authority con- 
tained in Ordinance No. 1019 in the amount of $1,022,000 
to the Baltimore City Economic Development Commission 
for the same said purpose. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 23, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 3 
(Council No. 29) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Eight Hundred Three 
Thousand Nine Hundred Thirty-four Dollars ($803,934) 
to the Department of Education to be used for increased 
operating expenses as provided in ESEA Title I Legis- 
lation, in accordance with the provisions of Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of the formulation 
of the 1975-1976 Ordinance of Estimates ; and 

WHEREAS, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 



ORDINANCES 9 

12th day of November, 1975, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of Balti- 
more City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h)(2) of the 1964 revision of the Charter of Balti- 
more City, the sum of Eight Hundred Three Thousand 
Nine Hundred Thirty-four Dollars ($803,934) shall be 
made available to the Department of Education of the City 
of Baltimore as a supplementary special fund appropriation 
for the fiscal year ending June 30, 1976 for the purpose of 
increased operating expenses for ESEA Title I programs, 
as follows : Program 400— $38,476 and 401— $765,458. The 
amount thus made available as a supplementary special 
fund appropriation shall be expended from a grant of funds 
to the Mayor and City Council of Baltimore by the Federal 
Government, said sum being specifically allotted to the 
Mayor and City Council of Baltimore for the aforesaid pur- 
pose; and said funds from said Federal Government shall 
be the source of revenue for this supplementary special 
fund appropriation, as required by Article VI, Section 
2(h) (2) of the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 6, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 4 

(Council No. 11) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Two Hundred Fifty 
Thousand Dollars ($250,000) to the Supreme Bench of 
Baltimore City to be used for providing computerized 
assistance to criminal case scheduling in accordance 
with the provisions of Article VI, Section 2(h)(2) of 
the Baltimore City Charter (1964 Revision). 



10 ORDINANCES Ord. No. 4 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of the formulation 
of the 1 !)7.">-1976 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
26th day of November, 1975, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of Balti- 
more City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h)(2) of the 1964 revision of the Charter of Balti- 
more City, the sum of Two Hundred Fifty Thousand 
Dollars ($250,000) shall be made available to the Supreme 
Bench of Baltimore City as a supplementary special fund 
appropriation for the fiscal year ending June 30, 1976 for 
the purpose of providing computerized assistance to crimi- 
nal case scheduling. The amount thus made available as a 
supplementary special fund appropriation shall be ex- 
pended from a grant of funds to the Mayor and City 
Council of Baltimore by the State of Maryland, said sum 
being specifically allotted to the Mayor and City Council of 
Baltimore for the aforesaid purpose; and said funds from 
Baid State of Maryland shall be the source of revenue for 
this supplementary special fund appropriation, as re- 
quired by Article VI, Section 2(h)(2) of the 1964 revised 
Charter of Baltimore City. 

Sec. 2. Arid be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 23, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 11 

No. 5 

(Council No. 37) 

An Ordinance to repeal and reordain, with amendments, 
Section 155 of Article 31 of the Baltimore City Code 
(1966 Edition), title "Transit and Traffic," subtitle "Im- 
pounding," designating spaces reserved for authorized 
emergency vehicles as impounding areas. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 155 of Article 31 of the Balti- 
more City Code (1966 Edition), title "Transit and Traffic," 
subtitle "Impounding," be and it is hereby repealed and 
reordained, with amendments, to read as follows : 

155. Miscellaneous public ways. 

In front of or opposite any fire engine house and in any 
reservation for authorized emergency vehicles in spaces 
marked off and designated by the Commissioner of Transit 
and Traffic. 

Sec. 2. And be it further ordained. That this ordi- 
nance shall take effect from the date of its passage. 

Approved February 23, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 6 

(Council No. 38) 

An Ordinance to repeal and reordain, with amendments, 
Section 93(c) of Article 31 of the Baltimore City Code 
(1966 Edition), title "Transit and Traffic," subtitle 
"Passenger and Freight Curb Loading Zones" concern- 
ing passenger loading zones. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 93(c) of Article 31 of the Bal- 
timore City Code (1966 Edition), title "Transit and Traffic," 



12 ORDINANCES Ord. No. 7 

subtitle "Passenger and Freight Curb Loading Zones", be 
and it is hereby repealed and reordained, with amend- 
ments to read as follows : 

(c) Passenger zones. No person shall stop a vehicle for 
any purpose or period of time other than for the expedi- 
tious loading or unloading of passengers at any place 
marked aa a passenger curb loading zone during hours 
when the regulations applicable to such curb loading zones 
are effective, and then only for a period not to exceed 
[three (3)] ten (10) minutes. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 23, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 7 
(Council No. 54) 

An Ordinance to repeal Section 238(95) of Article 31 of 
the Baltimore City Code (1966 Edition), title "Transit 
and Traffic," subtitle "Parking and Stopping," said section 
having been made an administration order by Ordinance 
920, approved June 24, 1975, concerning reserved park- 
ing for physicians on Guilford Avenue between 33rd and 
84th Streets. 

rioN 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 238(95) of Article 31 of the 
Baltimore City Code (1966 Edition), title "Transit and 
Traffic, M subtitle "Parking and Stopping," said section hav- 
ing been made an administrative order by Ordinance 920, 
approved June 2 1, 197."), be and it is hereby repealed. 

[(95) Guilford Avenue, westerly side, from Thirty- 
third Street to Thirty-fourth Street, parking reserved for 
physicians attending Union Memorial Hospital.] 



ORDINANCES 13 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 23, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 8 
(Council No. 10) 

An Ordinance to amend Sheet No. 64 of the Zoning Dis- 
trict Maps of Article 30 of the Baltimore City Code (1966 
Edition), title "Zoning," (Ordinance No. 1051, approved 
April 20, 1971) by changing from the R-8 Zoning Dis- 
trict to the M-2-2 Zoning District the properties known 
as 1429, 1431 and 1433 Ward Street, as outlined in red 
on the plats accompanying this ordinance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 64 of the Zoning District 
Maps of Article 30 of the Baltimore City Code, (1966 
Edition), title "Zoning," (Ordinance No. 1051, approved 
April 20, 1971) be and it is hereby amended by changing 
from the R-8 Zoning District to the M-2-2 Zoning District 
the properties known as 1429, 1431 and 1433 Ward Street, 
as outlined in red on the plats accompanying this ordi- 
nance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof, and in 
order to give notice to the departments which are admin- 
istering the Zoning Ordinance, the President of the City 
Council shall sign the plat, and when the Mayor approves 
the ordinance he shall sign the plat. The City Treasurer 
shall then transmit a copy of the ordinance and one of the 
plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development, 
the Commissioner of Transit and Traffic, and the Zoning 
Administrator. 



U ORDINANCES Ord. No. 9 

SB urthcr ordained, That this ordinance 

shall take effecl thirty days from the date of its passage. 

Approved March 8, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 9 
(Council No. 98) 

An Ordinance authorizing and providing for the issuance 
and sale by Mayor and City Council of Baltimore of its 
industrial development revenue bond, to be designated 
Lty of Baltimore, Maryland Industrial Development 
Revenue Bond (H. KlafT & Company, Inc. Project)", in 
the principal amount of $2, 500, 000, pursuant to the pro- 
ms of Sections 266 A to 266-1, inclusive, of Article 41 
of the Annotated Code of Maryland (1971 Rep. Vol., 1975 
Cum. Supp.), in order to loan the proceeds thereof to 
II. Klaff & Company. Inc., a Maryland corporation, for 
the sole and exclusive purpose of financing the acquisition 
by II. Klaff & Company, Inc. of certain industrial build- 
ings in the City of Baltimore as provided in this ordi- 
: making certain legislative findings, among others, 
icerning the public benefit and purpose of such in- 
dustrial development revenue bond; providing that such 
industrial i .nent revenue bond (a) shall be pay- 

able solely and only from revenue derived from payments 
by II. I Company, Inc. to Mayor and City Council 

of Ball 'ii account of such Loan, and (b) shall not 

• ate, within the meaning of any constitutional 
ion or otherwise (i) an indebtedness 
•mcil of Baltimore or of any other 
a] subdivision, or (ii) a cha inst the general 

lit or taxing ; of Mayor and City Council of 

: authorizing the private (negotiated) sale of 
ipmenl revenue bond; prescribing 
taining to BUch industrial development 
Ond, including (without limitation) (a) the 
amount, ad maturity of such industrial development 

nd. (b) the interest rate to be paid on such 



ORDINANCES 15 

industrial development revenue bond, (c) the redemption 
provisions relating to such industrial development rev- 
enue bond, (d) the form and tenor of such industrial 
development revenue bond, and (e) the terms, conditions 
and security for such industrial development revenue 
bond; approving the form and contents, and, where ap- 
plicable, authorizing the execution and delivery, of 
various documents necessary to effectuate the aforemen- 
tioned borrowing and lending, including (a) such indus- 
trial development revenue bond, (b) the loan agreement 
between Mayor and City Council of Baltimore and H. 
Klaff & Company, Inc., evidencing the aforesaid loan, 

(c) the assignment by which Mayor and City Council of 
Baltimore assigns its rights in and to the loan agreement 
as security for such industrial development revenue bond, 

(d) the trust agreement between H. Klaff & Company, 
Inc. and certain individual trustees pursuant to which the 
proceeds of such loan are to be deposited in trust and 
held, invested and disbursed by such individual trustees 
as therein provided, and (e) the guaranty agreement to 
be executed and delivered by H. Klaff & Company, Inc., 
pursuant to which H. Klaff & Company, Inc. fully and 
unconditionally guarantees the payment of the principal 
of the interest on such industrial development revenue 
bond; and generally providing for and determining 
various matters in connection with the authorization, 
issuance, security, sale, and payment of such industrial 
development revenue bond. 

RECITALS 

Sections 266A to 266-1, inclusive, of Article 41, of the 
Annotated Code of Maryland (1971 Rep. Vol., 1975 Cum. 
Supp.) (the "Act") empowers all the counties and munici- 
palities of the State of Maryland to issue revenue bonds 
and to loan the proceeds of the sale of such revenue bonds 
to an industrial concern to finance the acquisition (as 
denned in the Act) by such industrial concern of indus- 
trial buildings (as denned in the Act.) The Act declares 
it to be the legislative purpose to relieve conditions of 
unemployment in the State, to encourage the increase 
of industry and a balanced economy in the State, to assist 
in the retention of existing industry in the State through 






ORDINANCES Ord. No. 9 

the control, reduction or abatement of pollution of the 
environment (where the proceeds of bonds are used for 
that purpose), to promote economic development, to 
protect natural resources and in this manner to promote 
the health, welfare and safety of the residents of each 
of the counties and municipalities of the State of 
Maryland 

Mayor and City Council of Baltimore (the "City") has 
determined to issue and sell its City of Baltimore, Mary- 
land Industrial Development Revenue Bond (H. Klaff & 
Company, Inc. Project), in the principal amount of $2,- 
500,000 (the "Bond"), and to loan the proceeds of the 
Bond to H. Klaff & Company, Inc., a Maryland corpora- 
tion (the "Company"), an industrial concern as men- 
tioned in the Act, on the terms and conditions set forth 
in the Loan Agreement to be entered into by and between 
the City and the Company (the "Loan Agreement"), as 
provided by this ordinance (such loan being herein re- 
fer, as the "Loan"), in order to finance the acquisition 
(within the meaning of the Act) by the Company of 
certain industrial buildings (within the meaning of the 
Act) (the "Industrial Buildings") at two of the Com- 
pany's plants in the City of Baltimore, in order to relieve 
conditions of unemployment in the State of Maryland 
and in the City of Baltimore and thus encourage economic 
elopment, and to protect the health, welfare and safety 
of the citizens of this State and the City of Baltimore. 

Company will execute and deliver to the Bank 
(hereinafter defined) a Guaranty Agreement (the "Guar- 
an1 I'ment"), pursuant to which the Company will 

fully and unconditionally guarantee to the Bank for the 
lefit of the holder of the Bond the payment of the 
principal of and interest on the Bond. 

In order to insure that the proceeds of the Bond, and 

the Loan, will be used for the purposes set forth in the 

mpany will enter into a Trust Agreement with 

F. < Et. Rindmarsh and Robert A. Grade, trustees 

(th( ■ t"), pursuant to which the proceeds 

d will be deposited with such trustees and held, 

invested and disbursed by such trustees as therein 

ovided. 



ORDINANCES 17 

This ordinance authorizes and empowers the City to 
enter into and consummate a transaction which the Com- 
pany proposed to the City in accordance with Section 
266B(d) of the Act by a letter of intent dated August 19, 
1975, which letter of intent was approved by the Board of 
Estimates of the City and accepted by the Mayor of the 
City on September 10, 1975, subject to the passage of 
this ordinance. The Bond will be sold to Union Trust 
Company of Maryland, a Maryland banking corporation 
(the "Bank") pursuant to the Bank's letter of intent to 
the City dated August 21, 1975. 

NOW, THEREFORE, in accordance with the terms and 
provisions of the Act and the Charter of Mayor and City 
Council of Baltimore: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Act, it is hereby 
found and determined as follows: 

(1) The issuance and sale of the Bond by the City pur- 
suant to the Act in order to lend the proceeds thereof to 
the Company for the sole and exclusive purpose of financing 
the acquisition (within the meaning of the Act) of the 
Industrial Buildings (within the meaning of the Act) will 
facilitate and expedite the acquisition of the Industrial 
Buildings by the Company ; 

(2) The acquisition of the Industrial Buildings by the 
Company and the financing thereof as provided in this 
ordinance will promote the declared legislative purposes 
of the Act by (a) sustaning jobs and employment oppor- 
tunities and aiding in maintaining employment, thus re- 
lieving conditions of unemployment in the State of Maryland 
and in the City of Baltimore ; (b) encouraging the increase of 
industry and a balanced economy in the State of Maryland 
and in the City of Baltimore; (c) assisting in the retention 
of existing industry in the State of Maryland and in the 
City of Baltimore; (d) promoting economic development; 
and (e) promoting the health, welfare and safety of the 
residents of the City of Baltimore and of the State of 
Maryland. 

(3) In addition to authorizing the City itself to ac- 
quire the Industrial Buildings and either to lease or to 



18 ORDINANCES Ord. No. 9 

Bel] the same to the Company, the Act, as an alternative 
procedure, also authorizes industrial building financing to 
tt] dished in the form of a loan to the Company. 
The loan form of transaction avoids indirect costs and 
burdens on the City by not requiring any direct involve- 
in the acquisition, ownership or adminis- 

on of the Industrial Buildings, while permitting ample 
controls to be imposed on the use of the Bond proceeds to 
insure that the public purposes of the Act and the Bond 
are fully accomplished. It is, therefore, in the best interests 
tizens of the City, to finance the acquisition of the 
Industrial Buildings by a loan to the Company. This ordi- 

« contemplates and authorizes a transaction in the 

I of a loan of the proceeds of the Bond by the City to 
the Company, rather than a transaction in the form of a 

s or sale of the Industrial Buildings. Accordingly this 

ordinance, together with the Loan Agreement authorized 

9 such provisions as the City deems appro- 

e to effect the financing of the acquisition by the Com- 
pany of the Industrial Buildings by the loan form of 
transaction. 

(I) Neither the Bond, nor the interest thereon, will 
titute (a) a general obligation of the City, a charge 
fledge of the general credit or taxing powers of 
(c) a debt of the City, all within the meaning 
of Section 7 of Article XI of the Constitution of Maryland 
or any other constitutional, statutory or charter provision 
or limitation, and neither shall ever constitute or give rise 
;y pecuniary liability on the part of the City. The 
principal of and interest on the Bond shall be payable 
from, an I by, an assignment of the revenues realized 

Agreement and the collateral pledged there- 
rhe principal amount of the Loan and the repay- 
ment made by the Company pursuant to the Loan 
•it authorized hereby will be paid directly to the 
Bank to be held and disbursed by the Bank as agent for 
LOlder of tl i as provided in this ordinance. No 
such commingled with the City's funds or 
will be subject to the absolute control of the City, but only 
ich limit 'vision and checks as are d< emed neces- 
e by tl to insure thai the Bond 
plish the public purposes of the 
ordinal .lions authorized hereby 



ORDINANCES 19 

do not constitute the acquisition of property for public use 
or the purchase of equipment for public use; the public 
purposes expressed in the Act are to be achieved by fa- 
cilitating the acquisition of the Industrial Buildings by the 
Company. 

(5) The City will acquire no interest in the Industrial 
Buildings other than the security interest created by the 
Loan Agreement and any general interest in the Company's 
property shared by all holders of the Company's obligations 
which rank and are secured equally with the Company's 
obligation pursuant to the Loan Agreement. The security 
for the Bond shall be solely and exclusively (a) the abso- 
lute, irrevocable and unconditional obligation of the Com- 
pany to make the payments required by the Loan Agree- 
ment, (b) moneys realized from any and all collateral 
pledged under the Loan Agreement as security for the 
Loan, and (c) the full and unconditional guaranty by the 
Company of the payment of the principal of and interest 
on the Bond pursuant to the Guaranty Agreement. 

(6) (a) None of the receipts and revenues of the 
City from the Loan Agreement shall be set aside as a 
depreciation account (mentioned in the Act), since neither 
the City nor the Bank desire, or are creating, any interest 
in the Industrial Buildings (other than the security interest 
created by the Loan Agreement and any interest shared by 
all holders of the Company's obligations ranking on a parity 
with the Company's obligation pursuant to the Loan Agree- 
ment). Such a depreciation account would (i) be inconsistent 
with the transaction authorized hereby and (ii) place an 
unreasonable burden on the Company so as to adversely 
affect the feasibility of the transaction and thus frustrate 
the legislative purposes of the Act. (b) A covenant such 
as that permitted by Section 266G(c) of the Act is similarly 
inconsistent with the transaction authorized herein in which 
neither the City nor the Bank obtain or retain an interest 
in the Industrial Buildings (other than the security in- 
terest created by the Loan Agreement and any interest 
shared by all holders of the Company's obligations ranking 
on a parity with the Company's obligation pursuant to 
the Loan Agreement). Such a covenant is, therefore, a 
procedure which is not contemplated by the Act in con- 
nection with this transaction. 



20 ORDINANCES Ord. No. 9 

(7) The best interests of the City will be served by 
selling the Bond to the Bank at private (negotiated) sale, 
as authorized by the Act, upon terms and conditions 
approved by the City as set forth in this ordinance. 

Sec. 2. And be it further ordained, That the following 
terms shall have the following meanings for all purposes 
of this ordinance, unless the context clearly otherwise 
requires: 

"Acquisition" or "acquisition" means, when used in re- 
gard to the Industrial Buildings, the acquisition of the 
Industrial Buildings as such meaning is intended in the Act, 
and shall include the purchase, rehabilitation, remodeling, 
extension, equipping and permanent improvement of the 
Industrial Buildings. 

"Act" means Chapter 352 enacted by the 1972 Session of 
the General Assembly of Maryland, as amended, being Sec- 
tions 266A to 266-1, inclusive of Article 41 of the Annotated 
Code of Maryland (1971 Rep. Vol., 1975 Cum. Supp.) . 

"Assignment" means the Assignment by which the City 
assigns to the Bank all of its right, title and interest 
in and to, and remedies under, the Loan Agreement and 
moneys due and to become due thereunder, and all collateral 
pledged thereunder as security for the Loan, all as set forth 
therein, which Assignment shall be substantially in the 
form set forth in Section 12 of this ordinance. 

"Bank" means Union Trust Company of Maryland, a 
Maryland banking corporation, its successors and assigns. 

"Bond" means the City's City of Baltimore, Maryland In- 
dustrial Development Revenue Bond (H. Klaff & Company, 
Inc. Project) in the principal amount of $2,500,000 to be 
issued and sold pursuant to this ordinance without pecuniary 
liability on the part of the City as therein set forth, which 
Bond shall be substantially in the form set forth in Section 
3 of this ordinance. 

"City" means Mayor and City Council of Baltimore, a 
body politic and corporate and a political subdivision of the 
Stale of Maryland, its successors and assigns. 

"Company" means H. Klaff & Company, Inc., a Maryland 
corporation, its successors and permitted assigns. 



ORDINANCES 21 

"Guaranty Agreement" means the Guaranty Agreement 
dated as of February 1, 1976, to be executed and delivered 
to the Bank by the Company whereby the Company fully 
and unconditionally guarantees to the Bank for the benefit 
of the holder of the Bond the payment of the principal of 
and interest on the Bond, which Guaranty Agreement shall 
be substantially in the form set forth in Section 14 of this 
ordinance. 

"Holder of the Bond" or "holder of the Bond" means the 
registered owner of the Bond. 

"Industrial Buildings" means the Industrial Buildings, 
and is intended to have the meaning ascribed to the term 
"industrial buildings" in the Act, including necessary or 
useful machinery and equipment required or permitted to 
be acquired by the Company and located in the City of Bal- 
timore, which Industrial Buildings are more particularly 
described in Exhibit A attached to, and made a part of, the 
Loan Agreement. 

"Loan" means the Loan made by the City to the Company 
and evidenced by the described in the Loan Agreement. 

"Loan Agreement" means the Loan Agreement dated as 
of February 1, 1976 between the City and the Company 
evidencing the Loan, which Loan Agreement shall be sub- 
stantially in the form set forth in Section 11 of this ordi- 
nance. 

"Ordinance" means this ordinance. 

"Trust Agreement" means the Trust Agreement dated as 
of February 1, 1976 between the Company and F. Charles 
R. Mindmarsh and Robert A. Gracie, Trustees, pursuant 
to which the proceeds of the Loan are to be deposited in 
trust with the Trustees, and held, invested and disbursed 
by the Trustees as therein provided, which Trust Agreement 
shall be substantially in the form set forth in Section 13 of 
this ordinance. 

"Trustees" means F. Charles R. Hindmarsh and Robert 
A. Gracie, Trustees under the Trust Agreement, or their 
successors in trust who may be acting under and pursuant 
to the Trust Agreement from time to time. 



ORDINANCES Ord. No. 9 

And be it further ordained, That, subject to the 
provisions of this ordinance, the City is authorized and em- 
powered, pursuant to the Act, to issue and sell its City of 
Baltimore, Maryland Industrial Development Revenue Bond 
(II. Klaft ct Company, Inc. Project) in the principal amount 
2, 500,000, such Bond to be solely and exclusively payable 
from the revenue derived by the City from payments on the 
Loan by the Company, and secured by the Assignment and 
the Guaranty Agreement as provided herein. The Bond 
shall be designated "City of Baltimore, Maryland Indus- 
elopment Revenue Bond (H. Klaff & Company, 
Inc. Project)", shall be dated as of February 1, 1976, and 
shall bear interest commencing on the date of its delivery 
al the rate of T'-'r per annum (calculated on the basis 
of a 360-da; >r applied to actual days elapsed) 

on the unpaid principal amount thereof, payable semi- 
annually on the 1st days of January and July in each year 
commencing on July 1, 1076, continuing to and including 

: til the principal amount shall be 
paid. Principal on the Bond shall be payable in equal con- 
secutive semi-annual installments of $85,000 each on the 
1st days of January and July in each year commencing on 
January 1, 1977, continuing to and including July 1, 1990, 
al installment of $120,000 payable on January 1, 
1991. The entire unpaid balance of principal and accrued 
and unpaid interest shall be due and payable on January 1, 
nd, which may be printed or typewritten, shall 
antially in the following form, and the form, with 
such therein (including the payment record to be 

attached) as the Mayor of the City shall approve, such ap- 
aclusively evidenced by the execution and 
delivery of the Bond by the Mayor of the City, and all of 
ovenants and conditions therein contained, is hereby 
adopted by the City as and for the form and tenor of the 
obligation to be incurred by it, and such covenants and con- 
ditions, including the promise to pay therein contained, are 
e binding upon the City. 



ORDINANCES 23 

FORM OF BOND 

$2,500,000 February 1, 1976 

UNITED STATES OF AMERICA 

STATE OF MARYLAND 

CITY OF BALTIMORE, MARYLAND 

INDUSTRIAL DEVELOPMENT REVENUE BOND 

(H. KLAFF & COMPANY, INC. PROJECT) 

FOR VALUE RECEIVED, Mayor and City Council of 
Baltimore, a body politic and corporate and a political 
subdivision of the State of Maryland (the "City"), hereby 
promises to pay, solely from the special fund provided 
therefor as below set forth, to Union Trust Company of 
Maryland or its successor (the "Bank"), or its registered 
assigns, the proincipal sum of $2,500,000, in lawful money 
of the United States of America at the time of payment, 
payable in equal consecutive semi-annual installments of 
$85,000 each on the 1st days of January and July in each 
year after the date hereof, commencing on January 1, 1977, 
continuing to and including July 1, 1990, and in one final 
installment of $120,000 on January 1, 1991, and to pay, 
solely from the special fund described below, interest 

hereon from , 1976 at the rate of seven and 

one-half per centum (7%%) per annum (calculated on the 
basis of a 360-day year factor applied to actual days 
elapsed) on the unpaid principal balance hereof from time 
to time, in like money, payable semi-annually on the first 
days of January and July in each year, commencing on July 
1, 1976, continuing to and including January 1, 1991, or 
until such principal sum shall be paid. The entire unpaid 
balance of principal and accrued and unpaid interest shall 
be due and payable on January 1, 1991. All such payments 
shall be noted on the attached payment record by the Bank 
as provided in the ordinance hereinafter described. 

This Bond is issued pursuant to the authority of Sections 
266A to 266-1, inclusive, of Article 41 of the Annotated Code 
of Maryland (1971 Rep. Vol., 1975 Cum. Supp.) (the 
"Act"), and pursuant to and under the Authority of Ordi- 
nance No of the City approved by the Mayor of the 

City on , 1976 (the "Ordinance"). Reference 



U ORDINANCES Ord. No. 9 

La hereby made to the ordinance for the provisions, among 
Others, with respect to (a) the nature and extent of the 
security for this Bond, (b) the rights, duties and obliga- 
tions of the City and the Bank, (c) the terms upon which 
this Bond is issued and secured, (d) the modification or 
amendment of any of the foregoing or of the Loan Agree- 
ment referenced herein, and (e) the obligation of the 
holder hereof to indemnify the Bank under certain circum- 
stances; and, by the acceptance of this Bond, the holder 
hereof assents to all of the provisions of the ordinance and 
agrees to be bound thereby. 

This Bond is issued for the purpose of financing, in whole 
or in part, the cost of the acquisition (as defined in the 
Act) by H. Klaff & Company, Inc., a Maryland corporation 
(the "Company") of certain industrial buildings (as de- 
fined in the Act) in the City of Baltimore (the "Indus- 
trial Buildings") and paying expenses incidental thereto so 
as to help relieve conditions of unemployment and to help 
achieve a balanced economy in the City of Baltimore. 

This Bond is a limited obligation of the City, and the 
principal hereof and interest hereon are payable solely 
from the moneys to be derived by the City under a Loan 
Agreement of even date herewith between the City and the 
Company (the "Loan Agreement"), and the collateral 
pledged thereunder, pursuant to which the proceeds of the 
Issuance and sale hereof are on the date hereof being loaned 
by the City to the Company for the purpose of providing 
the aforesaid financing. Neither this Bond nor the interest 
payable hereon shall ever constitute an indebtedness or a 
charge against the general credit or taxing powers of the 
City within the meaning of any constitutional provision 
or statutory limitation, and neither shall ever constitute or 
give rise to any pecuniary liability of the City. 

Pursuant to the Loan Agreement, payments sufficient for 

the prompt payment when due of the principal of and 

Bond are to be paid by the Company directly 

to the Bank, to be held by the Bank, as agent for the holder 

of this Bond, in a separate and special fund created by Sec- 



ORDINANCES 25 

tion 4 of the ordinance, to be used by the Bank for the pay- 
ment of the principal of and interest on this Bond. 

The City may under certain circumstances prescribed in 
Section 7 of the ordinance be required to pay (but only out 
of amounts received from the Company or others) all or 
part of the principal of this Bond (plus accrued and un- 
paid interest) before maturity upon the terms provided in 
Section 7 of the ordinance. In the event of partial pre- 
payment, the holder hereof shall surrender this Bond to 
the Bond Registrar (hereinafter referred to), for notation 
hereon that this Bond, to the extent of the amount prepaid, 
has been partially prepaid. In the event of a partial prepay- 
ment of this Bond, the sums applied to the prepayment 
shall be applied to the prepayment of the principal install- 
ments hereof in the inverse order of their payment dates. 
Reference is hereby made to Section 7 of the ordinance for 
the provisions relating to the prepayment of this Bond, and, 
by the acceptance of this Bond, the holder hereof assents 
to such prepayment provisions and agrees to be bound 
thereby. 

Notice of any such prepayment shall be given at least 
two (2) banking days prior to the prepayment date by 
mailing and by telegraphing to the registered owner of 
this Bond a notice fixing such prepayment date, the 
amount of principal to be prepaid and the interest to be 
paid through the prepayment date. The Notice required 
herein to be given may be waived by the registered owner 
of this Bond. 

All payments hereunder shall be made in immediately 
available funds at the office of Union Trust Company of 
Maryland, Baltimore and Light Streets, Baltimore, Mary- 
land 21202. 

In the event any installment of principal or payment 
of interest, or both, as hereinabove provided is not paid 
when due and payable, such installment of principal or 
payment of interest, or both, shall bear interest at the rate 
of ten and one-half per centum (10%%) per annum until 
paid. 



2G ORDINANCES Ord. No. 9 

This Bond shall be registered as to both principal and 
interest. The Treasurer of the City shall serve as Bond 
Registrar, and he shall keep at his principal office, for so 
long as this Bond remains outstanding, books for the regis- 
t rat ion and transfer hereof. 

This Bond shall be transferable only upon the books 
maintained by the Bond Registrar by the registered owner 
hereof in person or by his attorney duly authorized in 
writing, upon surrender hereof together with a written 
instrument of transfer satisfactory to the Bond Registrar 
duly executed by the registered owner or his duly authorized 
attorney. The laws of the State of Maryland shall govern 
the construction of this Bond. 

The City, the Bank and the Bond Registrar may deem 
and treat the person in whose name this Bond shall be 
registered as the absolute owner hereof, whether this Bond 
shall be overdue or not, for the purpose of receiving pay- 
ment of, or on account of, the principal of and interest 
hereon and for all purposes, and all such payments so made 
to such registered owner or upon his order shall be valid 
and effectual to satisfy and discharge the liability upon this 
Bond to the extent of the sum or sums so paid, and neither 
the City nor the Bank nor the Bond Registrar shall be 
affected by any notice to the contrary. 

IT IS HEREBY CERTIFIED, RECITED AND DE- 
CLARED that all conditions, acts and things required by 
the Constitution and laws of the State of Maryland and the 
Charter of Mayor and City Council of Baltimore, to exist, 
to have happened and to have been performed precedent 
to and in the execution and delivery of this Bond exist, 
have happened, and have been performed, and that the 
issuance of this Bond, together with all other obligations of 
the City, does not exceed or violate any constitutional or 
statutory debt limitations. 

IN WITNESS WHEREOF, MAYOR AND CITY COUN- 
CIL OF BALTIMORE, has caused this bond to be signed by 
Itfl .Mayor by his manual signature and has also caused its 



ORDINANCES 27 

corporate seal to be hereunto affixed and attested by the 
manual signature of its Deputy Treasurer, all as of the 
1st day of February, 1976. 

MAYOR AND CITY COUNCIL OF 

BALTIMORE 



By 

Mayor 



Deputy Treasurer 
(CITY SEAL) 

(HERE SHALL BE ATTACHED 
THE PAYMENT RECORD) 

Sec. 4. And be it further ordained, That in consideration 
of the purchase and acceptance of the Bond by those who 
shall hold the same from time to time, (i) this ordinance 
shall be deemed to be and shall constitute a contract between 
the City and the holder from time to time of the Bond; (ii) 
the pledge made herein and the covenants to be performed 
by or on behalf of the City shall be for the benefit, protection 
and security of the holder of the Bond; (iii) the City does 
hereby, and by execution of the Assignment hereinafter 
approved, set aside and pledge the income and revenue of 
the Loan Agreement (other than payments made pursuant 
to Sections 11.4, 13.2 and 13.8 of the Loan Agreement and 
the second paragraph of Section 5.3 of the Loan Agreement) 
into a separate and special fund to be used and applied for 
the payment of the principal of and interest on the Bond, 
and for the performance of any other obligation of the 
City under the ordinance; and (iv) the pledge herein made 
is valid and binding from the time when the Bond is issued, 
and the lien of such pledge shall be vaild and binding as 
against all parties having claims of any kind in tort, con- 
tract or otherwise against the City, irrespective of whether 
such parties shall have notice thereof. 

Sec. 5. And be it further ordained, That simultaneously 
with the issuance and sale of the Bond, the City will, pur- 
suant to the terms of the Loan Agreement and the Act, 
lend the proceeds of the issuance and sale thereof to the 



28 ORDINANCES Ord. No. 9 

Company to be applied to the acquisition of the Industrial 
Buildings in accordance with the provisions of Section 4.3 
of the Loan Agreement. 

The proceeds of the Bond shall be advanced to the Com- 
pany as provided in the Loan Agreement, and, in order to 
insure that such proceeds will be used for the purposes set 
forth in the Act, the Company shall deposit such proceeds 
with the Trustees under the Trust Agreement, who will 
hold, invest and disburse such proceeds as therein and in 
Sections 4.3 through 4.7 of the Loan Agreement provided. 

Sec. 6. And be it further ordained, That the City cove- 
nants that it will promptly pay the principal of and interest 
on the Bond, and premium, if any, at the place, on the dates 
and in the manner provided in this ordinance and in the 
Bond according to their true intent and meaning. The Bond, 
together with the interest thereon, shall be the limited 
obligation of the City payable solely from the moneys 
derived from the Loan Agreement and any collateral pledged 
thereunder, and shall be a valid claim of the holder thereof 
only against such moneys, which moneys shall be used for 
no other purpose than to pay the principal of and interest 
on the Bond (except as may be otherwise expressly author- 
ized in this ordinance). Neither the Bond nor the interest 
payable thereon shall ever constitute an indebtedness or a 
charge against the general credit or taxing powers of the 
City within the meaning of any constitutional or charter 
provision or statutory limitation and neither shall ever 
constitute or give rise to any pecuniary liability of the City. 

Sec. 7. And be it further ordained, That the Bond shall 
be subject to prepayment by the City (but only from moneys 
received by it from the Company or others) prior to its 
jessed maturity as follows : 

(a) The Bond shall be prepaid, on or after January 1, 
1977, on any interest payment date, either as a whole at any 
time or in part from time to time, in multiples of $85,000, 
upon the exercise by the Company of its option to prepay 
amounts due under the Loan Agreement as provided 
in Section 12.1 of the Loan Agreement, at a prepayment 



ORDINANCES 29 

price of the principal amount to be prepaid, together with 
unpaid interest thereon accrued to the date fixed for pre- 
payment, without payment of premium or penalty. 

(b) The Bond shall be prepaid, as a whole but not in 
part, upon the occurrence of an event which under Section 
12.2 of the Loan obligates the Company to prepay amounts 
due under the Loan Agreement. Section 12.2 of the Loan 
Agreement provides that the Company shall be obligated to 
prepay amounts due under the Loan Agreement in the event 
that (i) as a result of federal, state or local constitutional, 
legislative, administrative or judicial action the Loan Agree- 
ment shall have become void, unenforceable, or impossible 
of performance; (ii) the Company's use and occupancy of 
the Industrial Buildings or any part thereof shall have 
become legally curtailed; or (iii) the interest payable on the 
Bond is or becomes includible in the gross income of the 
holder of the Bond (as defined in Section 61 of the Internal 
Revenue Code of 1954, as amended). If the Bond is pre- 
paid pursuant to this Section 7(b), the prepayment price 
shall be equal to the principal amount of the Bond together 
with unpaid interest on the Bond accrued to the date fixed 
for prepayment. In addition, if the bond is to be prepaid as 
a result of the interest thereon being or becoming includible 
in the gross income of the holder of the Bond, the prepay- 
ment price shall also include an additional amount which, 
when added to the interest paid on the Bond from the date 
the interest on the Bond became so includible in the gross 
income of the holder, would cause the total amount of 
interest on the Bond from such date to the date of prepay- 
ment to have been paid at a rate equal to 10%% per annum. 

(c) The Bond shall be prepaid in part in the event that 
any of the proceeds of the Loan remains on deposit with the 
Trustees after completion of the acquisition of the Indus- 
trial Buildings as set forth in Section 4.3 of the Loan Agree- 
ment and Section 5.3 of the Trust Agreement, and any such 
prepayment may be made at any time and in any amount, 
and shall be applied to the prepayment of the installments of 
principal of the Bond in the inverse order of their payment 
dates. 

(d) The Bond shall be prepaid, as a whole but not in 
part, upon any occurrence under the Loan Agreement, 



30 ORDINANCES Ord. No. 9 

which gives the City, the Bank or the holder of the Bond 
the option to accelerate the maturity of the amounts 
payable under the Loan Agreement, at a prepayment price 
equal to the principal amount thereof together with un- 
paid interest accrued to the date of prepayment. 

The City shall prepay the outstanding principal amount 
of the Bond (or a portion thereof in the event of partial 
prepayment), and interest thereon accrued and unpaid to 
the prepayment date, immediately, and only, upon receipt 
by the City of any sums payable by the Company under the 
Loan Agreement as a result of the occurrence of any 
event set forth in (a), (b), (c) or (d) above; and the City 
hereby covenants to apply all sums so received by it for such 
purpose to the prepayment of the Bond. In the event such 
sums are not sufficient to provide for the prepayment of the 
entire outstanding principal amount of the Bond, such 
sums shall be applied to the prepayment of the installments 
of principal of the Bond in the inverse order of their 
payment dates. 

In the event of a partial prepayment, the holder of the 
Bond shall surrender the Bond to the Bond Registrar for 
notation thereon that the Bond, to the extent of the amount 
prepaid, has been partially prepaid. 

Notice of any prepayment shall be given at least two 
(2) banking days prior to the prepayment date by mailing 
or telegraphing to the registered owner of the Bond a 
notice stating the prepayment date, the amount of principal 
to be prepaid and the interest to be paid through the pre- 
payment date. The notice may be waived by the registered 
er of the Bond. 

And be it further ordained, That payment of 
the Bond and the interest thereon shall be made to the 
d owner thereof by the Bank upon presentation of 
the Bond to the Lank for payment of the principal and 
and for notation thereon of such payment. All 
principal, interest and other charges required 
by this Ordinance or the Bond shall be made at the office 
of th( Baltimore and Lighl Streets. Baltimore, Mary- 

land 21202, in lawful money of the United States of 
America, In Immediately available funds. Interest on the 



ORDINANCES 31 

Bond shall be calculated on the basis of a 360-day year 
factor to be applied to actual days elapsed. In any princi- 
pal or interest payment on the Bond falls due on a Saturday, 
Sunday or public holiday at the place of payment thereof, 
then such date shall be extended to the next succeeding 
full banking day at such place. 

When the principal of and interest on the Bond shall 
have been fully paid, the Bond shall forthwith be sur- 
rendered to the Bond Registrar for cancellation. 

SEC. 9. And be it further ordained, That the Bond shall 
be registered as to both principal and interest. The 
Treasurer of the City shall serve as Bond Registrar, and he 
shall keep at his principal office, for so long as the Bond 
remains outstanding, books for the registration and trans- 
fer of the Bond. 

The Bond shall be transferable only upon the books 
maintained by the Bond Registrar by the registered owner 
thereof in person or by his attorney duly authorized in 
writing, upon surrender thereof together with a written 
instrument of transfer satisfactory to the Bond Registrar 
duly executed by the registered owner or his duly author- 
ized attorney. 

The City, the Bank and the Bond Registrar may deem and 
treat the person in whose name the Bond shall be registered 
as the absolute owner of the Bond, whether the Bond shall 
be overdue or not, for the purpose of receiving payment of, 
or on account of, the principal of and interest on the Bond 
and for all other purposes, and all such payments so made 
to such registered owner or upon his order shall be valid 
and effectual to satisfy and discharge the liability upon the 
Bond to the extent of the sum or sums so paid, and neither 
the City nor the Bank nor the Bond Registrar shall be 
affected by any notice to the contrary. 

Sec. 10. And be it further ordained, That the payments 
required to be made by the Company, as set forth in Sec- 
tion 5.3 of the Loan Agreement, shall be paid, as set forth 
in the Assignment, directly to the Bank at its offices at 
Baltimore and Light Streets, Baltimore, Maryland 21202, 
and held by the Bank in the separate special fund referred to 
in Section 4(iii) hereof in trust for the holder of the Bond, 



ORDINANCES Ord. No. 9 

and such sums shall be withdrawn and applied to the pay- 
ment erf principal of and interest on the Bond as the same 
DM due. 

11. And be it further ordained, That the Loan 
emenl by and between the City and the Company 
pursuant to which the City will lend $2,500,000 to the 
Company for the purpose of financing the acquisition by 
the Company of the Industrial Buildings, shall be substan- 
tially in the following form, and the form and all of the 
covenants and conditions therein contained, with such 
changes therein as the Mayor of the City shall approve, such 
approval to be conclusively evidenced by the execution and 
delivery of the Loan Agreement by the Mayor, is hereby 
adopted by the City as and for the form and tenor of the 
obligation to be incurred, and such covenants and condi- 
tions are hereby made binding upon the City. 

FORM OF LOAN AGREEMENT 

LOAN AGREEMENT 

THIS LOAN AGREEMENT, made as of the 1st day of 

February, 1976, between MAYOR AND CITY COUNCIL 

OF BALTIMORE, a body politic and corporate and a po- 

I subdivision of the State of Maryland, (hereinafter 

rred to as the "City"), and H. KLAFF & COMPANY, 

. a corporation organized and existing under the laws 

of the State of Maryland, (hereinafter referred to as the 

mpany"). 

WITNESSETH: 

Wi: ( lhapter 352 of the 1972 Session of the General 

nbly of Maryland, as amended, being Sections 266A 
:nclusi\< Article 11 of the Annotated Code of 

land (1971 Rep, Vol. and 1974 Cum. Supp.) (herein- 
■ '" i . makes legislative findings that con- 
l unemployment exist in many areas of the State; 
mmerdal, industrial and manu- 
ring plants ential to relieve this unemployment 
(ah a balanced economy within the State; and 
' ive health, happiness, safety, right 
Infill W 'it, and general welfare of the citizens 



ORDINANCES 33 

of each of the counties and municipalities of the State will 
be promoted by the establishment of industrial buildings; 
and 

Whereas, the Act authorizes the municipalities and coun- 
ties of the State to issue bonds for the purpose of providing 
funds to pay all or any part of the cost of the acquisition 
(as that term is denned in the Act) of industrial buildings 
(as that term is defined in the Act), and to lend any such 
funds to an industrial concern, for such purposes as shall 
effectuate the purposes of the Act, under a loan agreement 
which may provide that the industrial buildings shall be- 
come the property of the industrial concern upon the acqui- 
sition thereof and may contain such other terms and 
conditions consistent with the Act as shall be agreed upon ; 
and 

Whereas, the Company has requested the City to pro- 
vide financing for the acquisition of the Industrial Build- 
ings (hereinafter defined) to be located within the City of 
Baltimore ; and 

Whereas, the City has agreed, upon the terms and con- 
ditions hereinafter in this Loan Agreement set forth, to 
lend funds to the Company to be used for the purposes of 
paying the cost of the acquisition of the Industrial Build- 
ings and to raise such funds by the issuance and sale of its 
industrial development revenue bond pursuant to the 
Ordinance (hereinafter defined) ; and 

Whereas, the industrial development revenue bond is- 
sued under the Ordinance will be secured by (a) an assign- 
ment of the City's interest in this Loan Agreement, includ- 
ing the revenues and receipts derived, and the collateral 
pledged, hereunder, which have been pledged under the 
Ordinance to the Bank (hereinafter defined) and (b) by 
the Guaranty Agreement (hereinafter defined) ; 

Now, therefore, in consideration of the representations, 
covenants, terms and agreements herein contained and 
other good and valuable consideration, the receipt and suf- 
ficiency of which is hereby acknowledged, the parties 
hereto agree as follows; provided, that in the performance 
of the agreements of the City herein contained, any obli- 
gation it may incur for the payment of money shall not 



34 ORDINANCES Ord. No. 9 

cieat e a pecuniary liability or a charge upon its general 
credit or against its taxing powers but shall be payable 
solely out of the proceeds derived from this Loan Agree- 
ment and the sale of the Bond referred to in Section 4.2 
hereof: 

ARTICLE I. 

Definitions 

The following words and terms as used in this Agreement 
shall have the following meanings unless the context or use 
clearly indicates another or different meaning or intent: 

"Acquisition" or "acquisition" means, when used in re- 
gard to the Industrial Buildings, the acquisition of the In- 
dustrial Buildings as such meaning is intended in the Act, 
and shall include the purchase, rehabilitation, remodeling, 
extension, equipping and permanent improvement of the 
Industrial Buildings. 

"Acquisition Period" means the period between the be- 
ginning of the Acquisition of the Industrial Buildings or 
the date on which the Bond is first delivered to the Bank, 
whichever is earlier, and the Completion Date. 

"Act" means Chapter 352 enacted by the 1972 Session of 
the General Assembly of Maryland, as amended, being Sec- 
tions 266A to 266-1, inclusive, of Article 41 of the Anno- 
tated Code of Maryland (1971 Rep. Vol. and 1975 Cum. 
Supp.). 

"Agreement" means this Loan Agreement. 

iment" means the Assignment of even date here- 
with by which the City assigns to the Bank all of its right, 
title and interest in and to. and remedies under, this Agree- 
ment and moneys due and to become due to the City here- 
under and all collateral pledged hereunder as security for 
the 1. et forth in the Assignment. 

nthorized City R< presentative' 1 means the person at 
•t on behalf of the City by written 
certil irnished to the Company and the Bank contain- 

ing I men signature of such person and signed on 

behalf of the I Mayor of the City. Such certificate 

signate an alternate or alternates. 



ORDINANCES 35 

"Authorized Company Representative" means the person 
or persons at the time designated to act on behalf of the 
Company by written certificate furnished to the City and 
the Bank containing the specimen signature of such person 
and signed on behalf of the Company by its President or 
one of its Vice Presidents. Such certificate may designate an 
alternate or alternates. 

"Bank" means Union Trust Company of Maryland, a 
Maryland banking corporation, and its successors and 
assigns. 

"Banking Day" means a day other than a Saturday, Sun- 
day or legal holiday in the State of Maryland. 

"Bond" means the City of Baltimore, Maryland Industrial 
Development Revenue Bond (H. Klaff & Company, Inc. 
Project) dated as of February 1, 1976, in the principal 
amount of $2,500,000 to be issued pursuant to the Ordi- 
nance (hereinafter defined) without pecuniary liability on 
the part of the City. 

"City" means Mayor and City Council of Baltimore, a 
body politic and corporate and a political subdivision of 
the State of Maryland, and its successors and assigns. 

"Code" means the Internal Revenue Code of 1954, as 
amended, and the Treasury Regulations issued thereunder. 

"Company" means H. Klaff & Company, Inc., a Maryland 
corporation, and its successors and assigns. 

"Completion Date" means the date of completion of the 
acquisition of the Industrial Buildings as that date shall 
be certified as provided in Section 4.4 hereof. 

"Guaranty Agreement" means the Guaranty Agreement 
dated as of February 1, 1976, to be executed and delivered 
by the Company whereby the Company fully and uncondi- 
tionally guarantees to the Bank for the benefit of the holder 
of the Bond the payment of the principal of and interest 
on the Bond. 

"Holder of the Bond" or "holder of the Bond" means the 
registered owner of the Bond. 

"Independent Counsel" means an attorney duly admitted 
to practice law before the highest Court of any state and 
not an employee of either the City or the Company. 



ORDINANCES Ord. No. 9 

"Industrial Buildings" mean the Industrial Buildings, 
and is intended to have the meaning ascribed to the term 
"industrial buildings" in the Act, including necessary or 
useful machinery and equipment required or permitted to 
be acquired by the Company and located in the City of 
Baltimore, which Industrial Buildings are more particu- 
larly described in Exhibit A attached to this Agreement 
and made B part hereof. 

"Loan" means the Loan evidenced by and described in 
this Agreement made by the City on the date hereof to the 
Company. 

"I. <>an Agreement" means this Loan Agreement. 

"I. nan Term" means the period the Loan is to be out- 
standing as specified in Section 5.1 hereof. 

"Net Proceeds" when used with respect to any condem- 
nation award or insurance proceeds allocable to the Indus- 
trial Buildings means the gross proceeds from condemna- 
tion or insurance so allocable, with respect to which that 
is used, remaining after payment of all expenses (in- 
cluding attorney's fees and any extraordinary expenses of 
B ink) incurred in the collection of such gross proceeds. 

"Ordinance" means Ordinance No of the City ap- 
proved by the Mayor of the City on , 1976, 

by which the City has, inter alia, authorized the execution 
and delivery of this Loan Agreement, the Assignment, the 
Guaranty Agreement and the Trust Agreement, and the 
ace and sale and execution and delivery of the Bond, 
and has pledged the moneys derived and to be derived by 
the City from this Agreement to secure the punctual pay- 
ment of the Bond and the interest thereon. 

"Prepayment Provisions" means, with respect to the 
Bond.-, the provisions for the prepayment of the Bonds at 

any time 1 pursuant to Section 7 of the ordinance. 

lent" means the Trust Agreement dated as 
bruary 1, r.»7f> between the Company and F. Charles 
Hindmarsh and Robert A. Gracie, trustees, pursuant to 
whid eds of the Loan air to be deposited in trust 

with the Tr hereinafter defined), and held, invested 

and disbursed by the Trustees as therein provided. 



ORDINANCES 37 

"Trustees' means F. Charles R. Hindmarsh and Robert 
A. Grade, Trustees under the Trust Agreement, or their 
successors in trust who may be acting under and pursuant 
to the Trust Agreement from time to time. 

The words "hereof", "herein", "hereunder", "hereto", and 
other words of similar import refer to this Agreement as a 
whole. 

References to articles, sections, and other subdivisions of 
this Agreement are to the designated articles, sections, and 
other subdivisions of the Agreement as originally executed. 

The headings of this Agreement are for convenience only 
and shall not define or limit the provisions hereof. 

ARTICLE II. 

Lending Clauses and Security 

Sec. 2.1. The Loan. The City agrees, upon the terms and 
subject to the conditions contained in this Agreement, to 
make the Loan to the Company on the date hereof in the 
amount of 52,500,000. The Company unconditionally prom- 
ises to pay interest on the unpaid balance of the Loan at 
the rate of 7!/2% per annum and to repay the principal of 
and interest (at the aforesaid rate) on the Loan as provided 
in this Agreement. 

Sec. 2.2. Security. The Loan is secured by this Agree- 
ment. As additional security for the Loan the Company 
hereby grants to the City, and agrees that the City and its 
assigns shall have, a security interest in (a) all sums on 
deposit from time to time with the Trustees under the 
Trust Agreement, and (b) all of the Company's equipment 
and fixtures both now owned and hereafter acquired, in- 
cluding but not limited to the following: (i) one (1) 
Logemann Brothers Metal Briquitting Press Model 38 PB, 
Serial No. 11322, (ii) one (1) American Locomotive Crane 
Model 825 GMO, Serial No. 3294, 25 Ton— 60' Boom, (iii) 
(1) American Locomotive Crane Model 825 GMO, Serial 
No. J3374, 25 Ton— 60' Boom, (iv) one (1) Logemann Bal- 
ing Metal Press Model 320 PDX, Serial No. 13461, (v) one 
(1) Southern Machine Company PD-180 Mark II Shear, 



38 ORDINANCES Ord. No. 9 

(vi) one (1) American Locomotive Crane — Diesel Elec- 
tric Model 7035-DE, Serial No. L3885, 35 ton— 60' Boom, 
(vii) one (1) American Locomotive Crane Model 825, Se- 
rial No. J3160, Diesel Powered — 60' Boom, and (viii) one 
(1) American Locomotive Crane — Diesel Electric Model 
480DE, Serial No. J3521, 40 ton— 60' Boom, and all pro- 
ceeds (cash and non-cash) thereof, including the proceeds 
of all insurance policies covering such equipment and 
fixtures. 

The Company agrees that with respect to the collateral 
described in (a) and (b) above the City and its assignees 
shall have all of the rights and remedies of a secured party 
under the Maryland Uniform Commercial Code. The Com- 
pany may sell or transfer the collateral listed in (b) above, 
and the same will be released from the security interest 
created hereby; provided, that with respect to any such 
equipment or fixtures purchased with the proceeds of the 
Loan (a) at the time of any such sale or transfer there 
shall exist no event of default hereunder, and (b) the pro- 
ceeds of any such sale or transfer shall be used by the 
Company (i) to purchase substitute equipment of equal or 
greater value (which substitute equipment shall be 
pledged as security for the Loan), or (ii) to prepay the 
principal of the Loan. Upon completion of the Industrial 
Buildings the security interest created hereby will be re- 
vised so that the equipment and fixtures covered will 
include only that equipment and fixtures purchased with 
the proceeds of the Loan and that equipment and fixtures 
specifically listed above. 



ARTICLE III. 
Representations and Warranties; Findings 

Sec. 3.1. Representations by the City. The City makes 
the following representations : 

(a) Corporate Existence. The City is a body politic and 
corporate and a political subdivision of the State of Mary- 
land. Under the provisions of the Act, the City has the 
power to enter into the transactions contemplated by this 
Agreement and to carry out its obligations hereunder. By 



ORDINANCES 39 

proper action, the City has been duly authorized to execute 
and deliver this Agreement, to enter into the transactions 
contemplated hereby and to issue and sell the Bond. 

(b) Issuance of the Bond. To finance the cost of the 
acquisition of the Industrial Buildings the City has agreed 
at the request of the Company to issue and sell the Bond 
and to lend the proceeds thereof to the Company pursuant 
to the terms and conditions of this Agreement. 

(c) Pledge of Proceeds of the Loan. As provided in the 
ordinance pursuant to which the Bond is to be issued and 
sold, the City's interest in this Loan Agreement and the 
moneys derived by the City from the repayment of the 
Loan will be pledged for payment of the principal of and 
interest on the Bond and for any other payment referred 
to in Section 4.3. hereof. 

Sec. 3.2. Representations and Warranties by the Com- 
pany,. The Company makes the following representations 
and warranties : 

(a) Subsidiaries. The Company has no subsidiaries. 

(b) Good Standing. The Company is a corporation duly 
organized and existing, in good standing, under the laws 
of Maryland, and it has the corporate power to own its 
property and to carry on its business as now being con- 
ducted and is duly qualified to do business and is in good 
standing in each jurisdiction in which the character of the 
properties owned by it therein or in which the transaction 
of its business makes such qualification necessary. 

(c) Corporate Authority. The Company has full power 
and authority to enter into this Agreement, to make the 
borrowing hereunder, to execute and deliver this Agreement, 
the Guaranty Agreement, the Trust Agreement and all other 
documents necessary in the premises, and to incur the obli- 
gations provided for herein, all of which have been duly 
authorized by all proper and necessary corporate action. 
No consent or approval of stockholders or of any public 
authority or regulatory body is required as a condition to 
the validity of this Agreement, the Guaranty Agreement 
or the Trust Agreement. 



40 ORDINANCES Ord. No. 9 

(d) nin(li»</ Agreement. This Agreement, the Guaranty 

tement and the Trust Agreement constitute the valid 

and legally binding obligations of the Company, and are 

fully enforceable in accordance with their respective terms. 

(c) Litigation. There are no proceedings pending or, 

BO l.ir aa the officers of the Company know, threatened, 

ay court or administrative agency which, in the 

opinion • £ the officers of the Company, will materially ad- 

'v a«Tect the financial condition or operations of the 

npany. 

(f) No Con flirt in a Agreements. There is no charter, 
by-law or preference stock provision of the Company and 
no provision of any existing mortgage, indenture, contract 
or agreement binding on the Company or affecting its 
proper! \\ which would conflict with or in any way prevent 
the execution, delivery, or carrying out of the terms of this 

cment, the Guaranty Agreement or the Trust Agree- 
ment. 

(g) Financial Condition,. The balance sheet of the Com- 
as of December 31, 1974, together with statements of 

profit and loss and of surplus for the period then ended, 
certified by McFerrin, Pridgen and Wilson, P. A., C.P.A., 
delivered to the City and the Bank, are complete and cor- 
rect and fairly present the financial condition of the Com- 
pany and the results of its operations and transactions in 
urplus accounts as of the date and for the period 
referred to and have been prepared in accordance with 
ally accepted accounting principles applied on a con- 
sisted basis throughout the period involved. There are no 
liabilities, direct or indirect, fixed or contingent, of the 
( Jompany as of the date of such balance sheet which are not 
reflected therein or in the notes thereto. There has been 
no material adverse change in the financial condition or 
ations of the Company since the date of such balance 
<>t. 

(h) Utilit nents and Permits. The Company 

:ured, or hereby agrees to use its best efforts to 

procure, from the appropriate state, city, municipal, and 

other authorities and corporations, connection and dis- 
charge arrangements for the supply of wate elec- 

tricity and other utilities and sewage and industrial waste 
disposal for ration of the Industrial Buildings. 



ORDINANCES 41 

Substantially all of the proceeds of the Bond will be used 
to acquire property of a character subject to the allowance 
for depreciation as prescribed in Section 103(c)(6)(A) of 
the Code ; and the Company will not commit any act which 
will adversely affect the tax exempt status of the interest 
on the Bond. No part of the proceeds of the Bond will be 
used to finance inventory or for working capital. On the 
basis of the facts, estimates and circumstances in exist- 
ence on the date of this Agreement, a period of less than 
two (2) years from the date of issuance of the Bond is nec- 
essary for the completion of the acquisition of the Indus- 
trial Buildings. 

(i) The Company has filed all required Federal, State 
and local tax returns and has paid all taxes as shown on 
such returns as they have become due. Federal income 
taxes have been audited through 1971, and no claims have 
been assessed and are unpaid with respect to such taxes 
except as shown in the balance sheet referred to in (g) 
above. 

(j) Use of Loan Proceeds. The Company intends to use 
the proceeds of the Loan solely to acquire the Industrial 
Buildings. The Company intends the Bond to be an "Indus- 
trial Development Bond" within the meaning of Section 
103(c)(2) of the Code. 

Sec. 3.3. Findings by City. The City hereby confirms its 
findings that the acquisition of the Industrial Buildings 
will promote the purposes of the Act by (i) maintaining 
employment and relieving unemployment in the City of 
Baltimore, and elsewhere in the State of Maryland; (ii) 
encouraging the increase of industry and a balanced econ- 
omy in the State of Maryland; (iii) promoting economic 
development; and (iv) thus promoting the health, welfare 
and safety of the residents of the City of Baltimore and of 
the State of Maryland. 

ARTICLE IV. 

Commencement and Completion of the 
Industrial Buildings; Issuance of the Bond 

Sec. 4.1. Agreement to Acquire the Industrial Buildings, 
The Company covenants and agrees that : 



ORDINANCES Ord. No. 9 

(a) It will cause the Industrial Building to be acquired 

substantially in accordance with the description of the 
Industrial Buildings set forth in Exhibit A attached hereto. 

(1)) It and its contractors will not make any changes in 
the Industrial Buildings to be acquired as described in 
Exhibit A attached hereto, and will make no substitutions 
for Uw equipment listed in Exhibit A and comprising part 
I Buildings, unless the Company shall com- 
pletely satisfy the Bank and its counsel that any such 
change or substitution will in no way affect the tax exempt 
'* the Bond. 

(c) It will use its best efforts to cause the acquisition 
e Industrial Buildings to be completed within two (2) 
9 from the date hereof. In the event the acquisition of 
the Industrial Buildings commences prior to the receipt of 
proceeds from the sale of the Bond, the Company agrees to 
advance all funds necessary for such purposes, subject to 
reimbursement pursuant to the provisions hereof. Nothing 
contained in this Section shall relieve the Company from 
making any payments required to be made pursuant hereto. 

Sec. 4.2. Agreement to Issue Bond; Application of Bond 
. In order to provide funds for payment of the 
of acquisition provided for in Section 4.1 hereof, the 
City agrees that it will issue and sell the Bond and cause 
the Bond to be delivered to the Bank pursuant to and in 
accordance with the ordinance. Upon receipt of the pro- 
ceeds of the Bond, the City will disburse such proceeds 
to the Company in accordance with the provisions of the 
ordinance and Section 4.3 of this Agreement. 

Sec. 4.3. Disbursement of the Loan Proceeds. The City 
and the Company hereby authorize and direct the use of 
the proct the Loan for the following purposes (and, 

subject to the provisions of Section 4.6 hereof, for no other 
purpose) : 

(a) Payment of the necessary expenses of preparing 
and Belling the Bond; the fees and expenses for recording 
or filing the Financing Statements, and any other docu- 
ments or instruments, the filing or recording of which 
either the City, the Bank, or the Company, or counsel to the 



ORDINANCES 43 

City, the Bank, or the Company may reasonably deem de- 
sirable; and the fees and expenses in connection with the 
commencement and prosecution of any action or proceed- 
ing that either the City, the Bank or the Company, or coun- 
sel to the City, the Bank or the Company may reasonably 
deem desirable in connection with this Agreement and the 
transactions contemplated hereby. 

(b) Payment to the Company of such amount, if any, 
as shall be necessary to reimburse the Company for all 
advances and payments made or costs incurred by the 
Company prior to or after the execution of this Agreement 
for expenditures in connection with the preparation of any 
drawings, plans and specifications for the Industrial Build- 
ings (including any preliminary study of the Industrial 
Buildings or any aspect thereof) ; site improvements ; any 
and all direct and indirect costs of acquisition of the 
Industrial Buildings; the construction, acquisition and 
installation necessary to provide utility services; acquisi- 
tion of all other property deemed necessary in connection 
with the Industrial Buildings; and for miscellaneous 
expenses incidental to any of the above (including, without 
limitation, fees for architectural, engineering and super- 
visory services with respect to any of the foregoing) . 

(c) Payment of the legal and accounting fees (includ- 
ing those of the Bank and the City) and expenses incurred 
in connection with the authorization, issuance and sale of 
the Bond, the preparation of this Agreement and all other 
documents in connection therewith and in connection with 
the acquisition of title to the Industrial Buildings; and 
payment of the fees, or out-of-pocket expenses, of the City, 
if any, incurred with respect to the Industrial Buildings 
or the Bond to be issued under the ordinance. 

(d) Payment for labor, services, materials and sup- 
plies used or furnished for any of the purposes or objectives 
set out in Section 4.3 (b) above. 

(e) Payment to the Bank, as such payments become 
due, of the fees and expenses of the Bank that may become 
due during the Acquisition Period, or reimbursement 
thereof, if paid by the Company. 

(f ) Payment of expenses incurred with the approval of 
the Company in seeking to enforce any remedy against any 



U ORDINANCES Ord. No. 9 

contractor or subcontractor in respect of any default under 
any contracts to which the Company is a party in connec- 
tion with the Industrial Buildings. 

( g) Payment of any other expenses authorized under the 
Act. 

The proceeds of the Loan will be disbursed by the City 
to the Company, and the Company will simultaneously 
deposit such proceeds in trust with the Trustees under and 
pursuant to the Trust Agreement, to be held, invested and 
disbursed by the Trustees as therein provided for the pur- 
poses set forth in this Agreement. Unless the prior written 
consent of the holder of the Bond is obtained, the proceeds 
of the Loan may be disbursed only in accordance with the 
terms, conditions, provisions and procedures set forth in 
the Trust Agreement. 

The Company covenants that substantially all of the pro- 
ceeds of the Bond shall be used in compliance with Section 
103(c)(2) of the Code, and shall be used for the acquisi- 
tion, construction or installation of land or property of a 
character subject to the allowance for depreciation as pre- 
scribed in Section 103(c)(6)(A) of the Code. All moneys 
remaining on deposit after the Completion Date and after 
payment of all items provided for in this Section, except 
amounts required by the Company for payment of costs of 
the Industrial Buildings not then due and payable, and any 
moneys held by the Trustees at the time of or default under 
Section 8 of the Trust Agreement, shall be disbursed by the 
Trustees to the City to be applied to the prepayment, with- 
out premium or penalty, of the amounts due hereunder, and 
such amounts shall be applied by the City to the immediate 
prepayment, without premium or penalty, of the install- 
ments of principal of the Bond (in the inverse order of their 
payment dates) in accordance with the terms and provi- 
sions of the ordinance. Any such prepayment made under 
this Section 4.3 need not be made (a) in multiples of 
$85,000, or (b) on an interest payment date. 

Sec. 4.4. Establishment of Completion Date. The Com- 
pletion Date shall be evidenced to the Bank, the Trustees 
and the City by a certificate signed by the Authorized 
Company Representative and the Company's architect stat- 
ing in BUbstance that (1) the acquisition of the Industrial 



ORDINANCES 45 

Buildings has been completed to the satisfaction of the 
Company in accordance with the description thereof set 
forth in Exhibit A hereto, and all labor, services, mate- 
rials and supplies used in such acquisition have been paid 
for, (2) all other improvements, and necessary and useful 
machinery and equipment described in Exhibit A hereto, 
necessary in connection with the Industrial Buildings have 
been acquired and constructed substantially in accordance 
with the description thereof set forth in Exhibit A hereto, 
and all costs and expenses incurred in connection therewith 
have been paid, (3) the Industrial Buildings are suitable 
and sufficient for their intended purposes, and (4) substan- 
tially all of the proceeds from the Bond theretofore 
advanced by the Trustees have been used, for purposes 
allowable under Section 103(c) (2) of the Code. 

Notwithstanding the foregoing, such certificate shall 
state that it is given without prejudice to any rights against 
third parties which exist at the date of such certificate or 
which may subsequently come into being. It shall be the 
duty of the Company to cause such certificate to be fur- 
nished as soon as the acquisition of the Industrial Buildings 
shall have been completed. 

Sec. 4.5. Company required to pay Costs in the Event 
Bond Proceeds Insufficient. In the event the proceeds of the 
Bond available for payment of the costs of the acquisition 
of the Industrial Buildings shall not be sufficient to pay the 
costs thereof in full, the Company agrees to complete the 
acquisition of the Industrial Buildings and pay all that 
portion of the costs of the acquisition of the Industrial 
Buildings as may be in excess of the proceeds of the Bond 
available therefor. The City does not make any warranty, 
either express or implied, that the proceeds of the Bond 
which, under the provisions of this Agreement, will be 
available for payment of the costs of the acquisition of the 
Industrial Buildings will be sufficient to pay all the costs 
which will be incurred in that connection. The Company 
agrees that if after exhaustion of the proceeds of the Bond 
the Company shall pay any portion of the costs of the 
acquisition of the Industrial Buildings pursuant to the pro- 
visions of this Section, it shall not be entitled to any reim- 
bursement therefor from the City or from the Bank or 
from the holder of the Bond or from the Trustees nor shall 



ORDINANCES Ord. No. 9 

it be entitled to any diminution of the amounts payable 
hereunder. 

Sec. 4.6. Investment of Money. Any moneys held by the 
Trustees under the Trust Agreement and not required for 
immediate disbursements and withdrawal shall at the writ- 
ten request of the Authorized Company Representative be 
invested or reinvested to the extent permitted by law, in 
the following: (i) general obligations of, or obligations 
unconditionally guaranteed as to principal and interest by, 
the United States of America; (ii) bonds, debentures, par- 
ticipation certificates or notes issued by any agency or 
corporation which is or may hereafter be created by Act of 
the Congress of the United States as an agency or instru- 
mentality thereof; (iii) Public Housing Bonds, Temporary 
Note.; or Preliminary Loan Notes, fully secured by con- 

bs with the United States; (iv) certificates of deposit 
issued by the Bank, or any other bank, trust company or 
national banking association, organized under the laws of 
the United States or any state thereof, which has a com- 
bined capital of at least $40,000,000, in any amount; or 
(v) any other investment which the Trustees may legally 

e under Federal and Maryland law. Such investments 
shall be made in the discretion of the Trustees; provided, 
however, that the Company may be written direction from 
the Authorized Company Representative to the Trustees 
direct the investments. All such investments shall have 
onant with the need for funds as estimated 

iich Authorized Company Representative. The Com- 
panj nts that it will not direct or permit investments 

h would cause the Bond to be an "arbitrage bond" 
within the meaning of Section 103(d)(2) of the Code. On 
each interest payment date, as provided in Section 5.3 

of, any profit realized from investments made here- 
all be paid over by the Trustees to the Bank (as 
I ) and shall be applied by the Bank to 
the interest on the Loan due and payable on each date. To 
•a that any profits are bo paid over and applied, the 
payment of for which the Company is responsible 

on such date shall be reduced accordingly. Excess profits, 
and above the interest due and payable on such date 
shall remain on deposit (and be reinvested by the Trustees) 
until the next interest payment date, when it will be paid 



ORDINANCES 



47 



over and applied as aforesaid. Upon completion of the 
acquisition of the Industrial Buildings, all moneys held by 
the Trustees shall be applied as set forth in Section 4.3 of 
this Agreement. 

ARTICLE V. 

Effective Date of This Agreement ; Duration of 

Loan Term; Ownership and Possession of Industrial 

Buildings ; Repayment Provisions ; Obligations of 

Company Unconditional 



Sec. 5.1. Effective Date of This Agreement; Duration of 
Loan Term. This Agreement shall become effective upon 
its delivery, and shall expire on such date as the Bond has 
been fully paid and retired; provided however, that the 
expiration of this Agreement shall not affect the Com- 
pany's obligation to pay to the holder of the Bond an addi- 
tional amount after the Bond has been fully paid and 
retired in the event that the holder of the Bond in a tax 
return or as a result of a deficiency assessment of other- 
wise, incurs a tax liability as more fully set out in Section 
5.3 hereof. 

Sec. 5.2. Ownership and Possession of the Industrial 
Buildings. The City agrees that the Industrial Buildings 
shall be the sole property of the Company and that the 
Company shall enjoy the sole and exclusive ownership and 
possession of the Industrial Buildings (subject to the right 
of the City to enter thereon for inspection and other pur- 
poses pursuant to the provisions of Section 9.2 hereof). 
The City covenants and agrees that it will not take any 
action, other than pursuant to Article XI of this Loan 
Agreement, to prevent the Company from having quiet and 
peaceable enjoyment of the Industrial Buildings. 

Sec. 5.3. Amounts Payable. The Company promises to 
repay the Loan with interest by making payments to the 
City of principal in consecutive semi-annual installments 
of $85,000 each on the 1st days of January and July in each 
year after the date hereof commencing on January 1, 1977, 
continuing to and including July 1, 1990, with a final 
installment of $120,000 being due and payable on Janu- 
ary 1, 991, and by making payments to the Cty of interest 



48 ORDINANCES Ord. No. 9 

semi-annually on the 1st days of January and July in each 
year, commencing on July 1, 1976, continuing to and 
Including January 1, L991, interest to be payable at a rate 
7 1 -/' per annum, calculated on the unpaid balance of 
principal from time to time and on the basis of a 360-day 
year factor applied to actual days elapsed. The entire 
unpaid balance of principal and interest on the Loan shall 
be due and payable by the Company on January 1, 1991. 
In any event each and every payment to be made under 
this Section shall be sufficient to pay the principal of and 
interest on the Bond when due (whether at maturity, by 
redemption, by acceleraiton or otherwise). 

The Company agrees to pay to the City and the Bank 
until the principal of and interest on the Bond shall have 
been paid in full or adequate provision therefor shall have 
been made in accordance with the provisions of the 
ordinance (i) the ordinary and reasonable fees, charges 
and expenses of the City and the Bank incurred in con- 
nection with the transactions contemplated by this Loan 
nt as and when the same become due, and (ii) the 
liable fees, charges and expenses incurred by the City 
under the ordinance as and when the same become due. 

In the event that after the Bond has been fully paid and 
retired, any holder of the Bond, in a tax return or as a 
result of a deficiency or otherwise, incurs a tax liability 
;■ circumstances that, were the Bond then outstanding, 
ate the Company to prepay the amounts due 
hereunder as set out in Section 12.2(e) hereof, the Com- 
pany agrees to pay indirectly to that holder of the Bond an 
additional amount of money equal to forty per centum 
(40%) of the interest paid on the Bond from the date 
the taxable income giving rise to such tax liability was 
ived by that holder of the Bond, and such amount shall 
d additional interest on the Bond. 

In * • t the Company should fail to make any of the 

Section, the item or install- 

1 continue as an obligation of the 

Company until the amount in default shall have been fully 

paid, and the Company 3 to pay the said item or 

llment in default with interest thereon at the rate of 

loi annum until paid. 






ORDINANCES 49 

Sec. 5.4. Place of Payments. The payments provided for 
in the first paragraph of Section 5.3 hereof shall be paid to 
the Bank, at its offices at Baltimore and Light Streets, 
Baltimore, Maryland 21202. The payments to be made 
under the second paragraph of Section 5.3 hereof shall be 
paid directly to the Bank or the City as the case may 
require. 

Sec. 5.5. Obligations of Company Hereunder Uncondi- 
tional. The obligation of the Company to make the pay- 
ments required in Section 5.3 hereof and to perform and 
observe the other agreements on its part contained herein 
shall be absolute and unconditional, irrespective of any 
defense or any rights of set-off, recoupment or counter- 
claim it might otherwise have against the City, the Bank or 
the holder of the Bond, and the Company shall pay abso- 
solutely net during the term of this Agreement the pay- 
ments to be made on account of the Loan as prescribed in 
Section 5.3 and all other payments required hereunder, 
free of any deductions and without abatement, diminution 
or set-off other than those herein expressly provided; and 
until such time as the principal of and interest on the 
Bond shall have been fully paid, or provision for the pay- 
ment thereof shall have been made in accordance with the 
ordinance, the Company: (i) will not suspend or discon- 
tinue any payments provided for in Section 5.3 hereof; 
(ii) will perform and observe all of its other agreements 
contained in this Agreement; and (iii) except as provided 
in Article XII hereof, will not terminate this Agreement 
for any cause, including, without limiting the generality 
of the foregoing, failure of the Company to complete the 
acquisition of the Industrial Buildings, the occurrence of 
any acts or circumstances that may constitute failure of 
consideration, destruction of or damage to the Industrial 
Buildings, commercial frustration of purpose, any change 
in the tax laws of the United States of America or of 
Maryland or any political subdivision or either of these, or 
any failure of the City to perform and observe any agree- 
ment, whether express or implied, or any duty, liability or 
obligation arising out of or connected with this Agree- 
ment, except to the extent permitted by this Agreement. 



ORDINANCES Ord. No. 9 

ARTICLE VI. 

Sec. 6.1. Affirmative Covenants. Throughout the Loan 
Term the Company shall : 

(a) Maintenance of Existence. Preserve and maintain 
its existence in good standing as a Maryland corporation, 
and will cause each of its subsidiaries, if any, to maintain 

orporate existence in good standing in the jurisdiction 
of its incorporation. 

(b) Maintenance of Properties. Keep the Industrial 
Buildings and all of its other properties and improvements, 
necessary in the judgment of the Company to its business, 
in good working order and condition, ordinary wear and 

excepted. The Company shall make all replacements 
and repairs reasonably required to insure the foregoing. 

(c) Compliance with Applicable Laws. Comply with 
the requirements of all applicable laws, rules, regulations, 
and orders of any governmental authority, a breach of 
which would materially and adversely affect (i) the finan- 
cial condition of the Company, or (ii) the ability to use the 
Indus! rial Buildings for the purposes for which they were 
designed except where contested in good faith and by 

per proceedings. 

(d) Lit if/at ion. Promptly give notice in writing to the 
and the Bank of all litigation and of all proceedings 

before any governmental or regulatory agencies affecting 
the Company which, if adversely determined, would mate- 
rially affect (a) the financial condition of the Company, or 
(b) the Company's use of the Industrial Buildings for the 
purposes for which they were designed. 

i • and Claims. Pay and discharge and cause each 

Of it If any. to pay and discharge, all taxes, 

mIs and governmental charges or levies imposed 

of them on their income or properties prior to the 

date on which penalt ach thereto, and all lawful claims 

■h. if unpaid, might become a lien or charge upon such 

ach an extent as to materially adversely 

affect the Company's ability to use such properties for the 

purposes for which they were designed, provided that the 



ORDINANCES 51 

Company shall not be required to pay any such tax, assess- 
ment, charge, levy or claim, the payment of which is being 
contested in good faith and by proper proceedings. 

(f) Insurance. Maintain, and cause each of its subsid- 
iaries, if any, to maintain, insurance with responsible 
insurance companies on such of their properties, including 
the Industrial Buildings, in such amounts and against such 
risks as is customarily maintained by similar businesses 
operating in the same vicinity. The Company shall file, and 
cause each of its subsidiaries, if any, to file, with the Bank 
upon its request a detailed list of the insurance then in 
effect, stating the names of the insurance companies, the 
amounts and rates of the insurance, dates of the expiration 
thereof and the properties and risks covered thereby ; and, 
within 30 days after notice in writing from the holder of 
the Bond, or the Bank, obtain, and cause each of its sub- 
sidiaries, if any, to obtain, such additional insurance as 
the holder of the Bond, or the Bank, may reasonably 
request. 

(g) Working Capital. Maintain an excess of consoli- 
dated current assets (including all marketable securities) 
over consolidated current liabilities of the Company and its 
subsidiaries, if any, of not less than $2,900,000. "Consoli- 
dated current assets" and "consolidated current liabilities" 
are to be determined both as to classification of items and 
amounts in accordance with generally accepted accounting 
principles applied on a consistent basis by the Company's 
accountants in preparation of its previous annual financial 
statements ; provided that there shall be excluded from con- 
solidated current assets (i) all prepaid expenses and (ii) 
all amounts due to the Company or any subsidiary from 
any of its directors, officers or employees. 

(h) Net Worth. Maintain a consolidated tangible net 
worth of not less than $4,500,000. 

(i) Financial Statements. Furnish to the Bank and the 
holder of the Bond (i) as soon as available but in no event 
more than 60 days after the end of each quarter, consoli- 
dated and consolidating balance sheets of the Company 
and its subsidiaries, if any, as of the close of such period 
and consolidated and consolidating income and expense 
statements to the close of such period, certified by a finan- 
cial officer of the Company and accompanied by a certificate 



ORDINANCES Ord. No. 9 

of the officer stating whether any event has occurred which 
constitutes an event of default hereunder or which would 
constitute such mi event of default with the giving of 
notice or the lapse of time, or both, and, if so, stating the 
facts with respect thereto; (ii) as soon as available but in 
no event more than 120 days after the close of each of the 
Company's fiscal years, a copy of the annual audit report in 
nahlo detail satisfactory to the Bank relating to the 
Company and its subsidiaries, if any, prepared in accord- 

with generally accepted accounting principles by 
McFerrin, Pridgepn & Wilson, P.A., or other independent 
certified public accountants satisfactory to the Bank, which 
report shall include consolidated and consolidating balance 
sheets of the Company and its subsidiaries, if any, as of the 
end oi' such fiscal year and consolidated and consolidating 
statements of earnings and surplus of the Company and its 
subsidiaries, if any, for such fiscal year; (iii) as soon as 
available but in no event more than 120 days after the close 
of each of the Company's fiscal years, a letter or opinion of 
the accountants who prepared the annual audit report 
relating to the Company and its subsidiaries, if any, stating 
whether anything in such accountants' examination has 
revealed the occurrence of an event which constitutes an 
event of default hereunder or which would constitute such 
an event of default with the giving of notice or the lapse of 
time, or both, and, if so, stating the facts with respect 
thereto; and (iv) such additional information, reports or 

muts as the Bank or the holder of the Bond may from 
time to time reasonably request. The financial statements 

furnished pursuant to this paragraph shall be in the 
condensed form heretofore furnished to the Bank. 



ARTICLE VII. 
Negative Covenants 

.7.1. N( go ' i nanta. Throughout the Loan Term 

Company shall not, without the prior written consent 
of the holder of the Bond : 

)thi r Borrowings. Create, incur, assume or suffer 

ist any liability for borrowed money, or permit any 

subsidiary so to do, except (1) indebtedness existing on the 

date hereof and of which the Bank has specific knowledge, 



ORDINANCES 53 

(ii) indebtedness of the Company or any subsidiary se- 
cured by mortgages, encumbrances or liens specifically per- 
mitted by subparagraph (b) below, (iii) indebtedness of 
the Company to others which shall be subordinated by a 
written agreement satisfactory in form and substance to 
the Bank and the holder of the Bond, to the Loan, and (iv) 
short-term lines of credit currently in existence or here- 
after extended to the Company from time to time (current 
lines total $5,500,000). 

(b) Other Liens. Create, incur, assume or suffer to exist 
any mortgage, pledge, lien or other encumbrance of any 
kind (including the charge upon property purchased under 
conditional sales or other title retention agreements) upon, 
or any security interest in, any of its property or assets, 
whether now owned or hereafter acquired, or permit any 
subsidiary so to do, except (i) liens upon real estate owned 
by the Company, (ii) liens for taxes not delinquent or be- 
ing contested in good faith and by appropriate proceedings, 
(iii) liens in connection with workmen's compensation, 
unemployment insurance or other social security obliga- 
tions, (iv) deposits or pledges to secure bids, tenders, con- 
tracts, (other than contracts for the payment of money), 
leases, statutory obligations, surety and appeal bonds and 
other obligations of like nature arising in the ordinary 
course of business, (v) mechanics', workmen's, material- 
men's, landlords', carriers, or other like liens arising in the 
ordinary course of business with respect to obligations 
which are not due or which are being contested in good 
faith, and (vi) any mortgage, encumbrance or other lien 
upon, or security interest in, any property hereafter ac- 
quired by the Company or any subsidiary created contem- 
poraneously with such acquisition to secure or provide for 
the payment or financing of any part of the purchase price 
thereof, or the assumption of any mortgage, encumbrance 
or lien upon, or security interest in, any such property 
hereafter acquired existing at the time of such acquisition, 
or the acquisition of any such property subject to any 
mortgage, encumbrance or other lien or security interest 
without the assumption thereof, provided that the Com- 
pany shall have given prior written notice thereof to the 
holder of the Bond. 



ORDINANCES Ord. No. 9 

(c) Mi rgers end Disposition of Assets. Enter into any 
merger or consolidation, unless the Company is the surviv- 
ing corporation and there is no resulting change in the 
ownership of the Company, or sell, lease, or otherwise dis- 

sseta except in the ordinary course of 
its business, or as herein specifically provided. 

(d) Loans. Make loans or advances (excluding trade 
ements) to any person, firm, joint venture or corpora- 
tion, or permit any subsidiary so to do, exceeding in the 

te for the Company and its subsidiaries $1,500,- 
cumulal 

(e) G ua rarities. Assume, guarantee, endorse, contin- 
gently agree to purchase or otherwise become liable upon 

nation (excluding trade agreements) of any person, 
firm, joint venture or corporation, or permit any subsidiary 
so to do, exceeding in the aggregate for the Company and 
ubsidiaries $1,500,000 cumulative, except (i) by the 
endorsement of negotiable instruments for deposit or col- 
lection or similar transactions in the ordinary course of 
business and (ii) guaranties by the Company of contrac- 
tual obligations (other than for the payment of borrowed 
money) of any wholly-owned subsidiary. 

(f ) Capital Expenditures. Make any capital expenditures 
(including the purchase price of any real or personal prop- 
erty leased by the Company, as lessee, during any one fiscal 
year), or permit any subsidiary so to do, in any one fiscal 

eeding in the aggregate for the Company and its 
subsidiary, if any, (i) 30% of the Company's tangible net 
worth Tor any such fiscal year, during the first five fiscal 
a of the Loan Term, (ii) 40% of the Company's tan- 
gible net worth for any such fiscal year, during the second 
five fiscal years of the Loan Term, and (iii) 50% of the 
Company's tangible net worth for any such fiscal year, 
during the third five fiscal years of the Loan Term. 

(g) D B and Purchase of Stock. Declare any 
dividends (other than dividends payable in capital stock 
of the Company or any subsidiary) on any shares of any 

apital stock, or set apart any sum for the pay- 
ment of any dividends on, any shares of any class of capital 
stock of the Company, or permit any subsidiary which is 

wholly-owned subsidiary so to do, or permit any sub- 
sidiary to purchase or acquire any shares of any class of 






ORDINANCES 55 

capital stock of the Company; unless immediately after 
giving effect to any such proposed action, the aggregate of 
all sums, assets and property involved in or set apart for 
any such dividend or other distribution directly or indi- 
rectly declared or ordered or paid or made or set apart will 
not exceed 20% of the capital stock of the Company, in 
which event the Company shall give the Bank and the 
holder of the Bond 30 days prior written notice before any 
such action. 

(h) Sale of Accounts Receivable. Sell, discount, trans- 
fer, assign, or otherwise dispose of any of its accounts 
receivable, notes receivable, installment or conditional 
sales agreements or any other of its rights to receive in- 
come or moneys, however, evidenced, or permit any sub- 
sidiary so to do. 

(i) Stock of Subsidiaries. Sell or otherwise dispose of 
any shares of capital stock of any subsidiary (except in 
connection with a merger or consolidation of any subsidi- 
ary into the Company or with another subsidiary or the 
dissolution of any subsidiary) or permit any subsidiary to 
issue any additional shares of its capital stock except pro 
rata to its stockholders. 

(j) Liabilities of Subsidiaries. Permit any subsidiary 
to have any liabilities except (i) liabilities other than for 
borrowed money incurred in the ordinary course of busi- 
ness, and (ii) liabilities for borrowed money to the extent 
permitted by subparagraph (a) above. 

ARTICLE VIII. 

Damage and Condemnation; 
Application of Net Proceeds 

Sec. 8.1. Damage, Destruction and Condemnation. Unless 
the payments required to be made pursuant to Section 5.3 
hereof shall have been accelerated pursuant to the provi- 
sions of Section 11.2(a) hereof, or the Company shall have 
become obligated pursuant to Article XII hereof to prepay 
such amounts, if prior to full payment of the Bond (i) the 
Industrial Buildings or any portion thereof is damaged by 
fire or other casualty or is destroyed (in whole or in part) 
or (ii) title to, or the use of, the Industrial Building or any 



ORDINANCES Ord. No. 9 

part thereof or the interest of the Company in the Indus- 
trial Buildings or any part thereof shall be taken under 
the exercise of the power of eminent domain by any gov- 
ernmental body or by any person, firm, or corporation 
acting under governmental authority, either temporarily 
or permanently, the Company shall be obligated to con- 
tinue to pay the amounts specified in this Agreement, and 
the Company will cause the Net Proceeds resulting from 
any event described in this Section 8.1 to be applied to the 
prompt repair, restoration, relocation, modification or im- 
provement of the Industrial Buildings by the Company. 

Sec. 8.2. Insufficiency of Net Proceeds. If the Net Pro- 
ceeds are insufficient to pay in full the cost of any repair, 

'oration, relocation, modification or improvement re- 
ferred to in said Section 8.1, the Company will nonetheless 
complete the work and will pay any costs of such work in 
excess of the amount of the Net Proceeds. 

ARTICLE IX. 

Special Covenants and Provisions 

. 9.1. No Warranty of Condition or Suitability by the 
\. The City makes no warranty, either express or im- 
plied, as to the Industrial Buildings or any part thereof, or 
that the Industrial Buildings will be suitable for the Com- 
pany's purposes or needs. 

Sec. 9.2. Right of Access to the Industrial Buildings. 
The Company agrees that the City, the Bank, the holder 
of the Bond and their duly authorized agents shall have the 
right at all reasonable times to enter upon the Industrial 
Buildings to examine and inspect the Industrial Buildings 
and to enforce any remedies in the event of a default under 
this Agreement. 

Sir. 9.8. City and Company Representatives. The Com- 
pany and the City, respectively, shall designate, in the 
manner prescribed in Article I hereof, the Authorized 
Company Representative and the Authorized City Repre- 
tative. In the event that any person so designated and 
his alternate or alternates, if any, should become unavail- 
able or unable to take any action or make any certificate 



ORDINANCES 57 

provided for or required in this Agreement, a successor 
shall be appointed in the same manner. Whenever under 
the provisions of this Agreement the approval of the City 
or the Company is required, or the City or the Company is 
required to take some action at the request of the other, 
such approval or such request shall be given for the City 
by the Authorized City Representative, and for the Com- 
pany by the Authorized Company Representative; and the 
other party hereto, the Bank and the holder of the Bond 
are authorized to rely upon any such approval or request, 
and neither party hereto shall have any complaint against 
the other nor against the Bank or the holder of the Bond 
as a result of any such reliance. 

Sec. 9.4. Further Assurances and Corrective Instruments. 
The City and the Company agree that they will, from time 
to time, execute, acknowledge and deliver or cause to be 
executed, acknowledged and delivered, such supplements 
hereto and such further instruments as may reasonably be 
required for carrying out the intention of the parties to, or 
facilitating the performance of, this Agreement. 

Sec. 9.5. Covenants with Respect to Use of Bond Pro- 
ceeds. The City is issuing the Bond with the intention that 
the interest on the Bond be and remain free from federal 
income taxation and is covenanting with the holder of the 
Bond that it (i) will make no use of the proceeds of the 
Bond which, if such use. had been reasonably expected on 
its date of issuance, would have caused the Bond to be an 
"arbitrage bond" within the meaning of Section 103(d) of 
the Code as in effect at the time of such issuance, and (ii) 
will comply to the extent applicable with the requirements 
of Section 103(d) of the Code. To that end the Company 
covenants with the City for the benefit of the holder of the 
Bond that it (i) will make no use of the proceeds of the 
Bond which, if such use had been reasonably expected on 
its date of issuance, would have caused the Bond to be an 
"arbitrage bond" within the meaning of Section 103(d) of 
the Code as in effect at the time of such issuance, and (ii) 
will comply to the extent applicable with the requirements 
of Section 103(d) of the Code. The Company will (a) take 
no action, (b) fail to take any action, or (c) make any use 
of the Industrial Buildings or the proceeds of the Bond, 



58 ORDINANCES Ord. No. 9 

which would cause the interest on the Bond to be or become 
subject to federal income taxes in the hands of the holder 
of the Bond. 

Sec. 9.6. Modification of the Industrial Buildings by 
Company. Subject to the representations and warranties 
contained in Section 3.2. hereof, the agreements contained 
in Section 1.1 hereof, and the covenants set forth in Section 
9.5 above, the Company may, from time to time, and at its 
own expense, install additional property or otherwise im- 
prove, niter, or replace the Industrial Buildings with prop- 
erty of equal or greater value. 

Sec. 9.7. Restriction on Transfer and Encumbrance of 
Industrial Buildings by Company. The Company agrees 
that it will not, during the Loan Term, sell, assign, lease, 
transfer, convey or otherwise dispose of the Industrial 
Buildings or any portion thereof nor create or suffer to 
exist any lien or encumbrance upon the Industrial Build- 
ings during the Loan Term, unless the Company shall 
satisfy the Bank and its counsel that any such sale, assign- 
ment, lease, transfer, conveyance or other disposition does 
not affect the tax exempt status of the Bond. 

Sec. 9.8. No Pecuniary Liability. The Act prescribes and 
the parties intend that by reason of making this Agree- 
ment, by reason of the issuance of the Bond, by reason of 
the performance of any act required of it by this Agree- 
ment, or by reason of the performance of any act requested 
of it by the Company, no indebtedness or charge against 
the general credit or taxing powers of the City within the 
meaning of any constitutional or charter provision or 
statutory limitation shall occur or shall ever constitute or 
give rise to any pecuniary liability of the City. Neverthe- 
if the City shall incur any such pecuniary liability, 
then in such event the Company shall indemnify and hold 
the City harmless therefrom. 

Sec. 9.9. No Liability to Third Parties. Throughout the 
Loan Term, IIO person or entity contracting with the Com- 
pany with respect to the Industrial Buildings, shall be 
reimbursed by the City under any circumstances whatso- 



ORDINANCES 59 

ever. The City's issuance of the Bond and loan of the pro- 
ceeds thereof to the Company shall in no way be construed 
as obligating the City in any way to any person or entity 
for the payment of any expense incurred with respect to 
the Industrial Buildings. 



ARTICLE X. 

Assignment and Prepayment 

Sec. 10.1 No Assignment by Company. This Agreement 
may not be assigned by the Company without the prior 
written consent of the holder of the Bond. 

Sec. 10.2. Assignment by City. The City has, simultane- 
ously with the delivery of this Agreement, by execution 
and delivery of the Assignment, assigned all moneys due 
and to become due to the City under this Agreement and 
all of the City's right, title and interest in and to, and 
remedies under, this Agreement to the Bank as security 
for the payment of the principal of and interest on the 
Bond and all sums payable under the ordinance. The Com- 
pany agrees that it will make payment directly to the Bank 
of all sums specified herein as amounts pa3 r able or to be- 
come payable by the Company, other than payments to be 
made to the City pursuant to the second paragraph of Sec- 
tion 5.3 hereof and Sections 11.4, 13.2 and 13.8 hereof, 
notwithstanding any term of this Agreement or the non- 
performance by the City of any obligation hereunder, or 
any other matter or event whatsoever, including without 
limitation, the bankruptcy, insolvency, liquidation or non- 
existence of the City, which might otherwise relieve the 
Company from the obligation to pay such amount, and that 
the same shall be paid at the respective times specified 
herein for the payment thereof, and the receipt by the 
Bank of such payments shall discharge the obligations of 
the Company to the City hereunder to the extent thereof. 
The Company agrees that no such payment shall be subject 
to any right of setoff, counterclaim or any other defense 
which the Company may or might now or hereafter have 
against the City, the Bank, or the holder of the Bond, and 
that all such payments shall be final, and the Company 
shall not seek to recover from the Bank for any reason 



ORDINANCES Ord. No. 9 

whatsoever, any moneys paid by the Company to the Bank 
by virtue of this Agreement or the Assignment. The Assign- 
ment shall not impose on the Bank any of the duties, liabili- 

or obligations of the City hereunder, but the Bank 
shall acquire thereby all rights of the City hereunder to 
colled and receive all sums payable hereunder, or amounts 
equal thereto, as are necessary to pay the Loan in full and 

institute the Bank the beneficiary of the obligations 
(A' the Company herein contained. 

D. 10.3. Pn " Bond. Upon the payment 

of any amounts due under Section 5.3 hereof or elsewhere 
in thi ad if adequate provision has been made 

to assure that money sufficient to effect prepayment will be 
on deposit with the Bank on the date fixed for prepay- 
ment, the City or the assignee under the Assignment, at 
the request at any time of the Company, and if the same 
is then subject to prepayment, shall forthwith take all 
steps that may be necessary under the Prepayment Provi- 
sions to effect prepayment of all or part of the then out- 
standing principal and unpaid accrued interest on the 
Bond, on the earliest prepayment date on which such pre- 
payment may be made under the Prepayment Provisions. 

Sec. 10.4. Reference to Bond Ineffective After Bonds Paid. 

pt as provided in the third paragraph of Section 5.3 
hereof, upon payment in full of the Bond and all fees and 
charges of the Bank and the City, all references in this 

ement to the Bond shall be ineffective and the holder 
of the Bond shall thereafter have no rights hereunder, sav- 
ing and excepting those that shall have theretofore vested. 



ARTICLE XI. 
Events of Default and Remedies 

C. 11.1. Default*. It shall be an "event of default" 
under thi i ment, if any of the following shall occur: 

(a) Any representation or warranty made by the Com- 
pany herein or any statement or representation made in 
any certificate, report or opinion (including legal opinions) 
delivered pursuant to thi A.j r< ement, the Trust Agreement 






ORDINANCES 61 

(including requisitions for funds under Section 5.2 
thereof), or the Guaranty Agreement, shall prove to have 
been incorrect in any material respect when made or shall 
be breached ; or 

(b) Default shall be made by the Company in the pay- 
ment of any amounts due under this Agreement when due 
and payable, whether at maturity, by obligation or election 
to prepay, or otherwise ; or 

(c) Default shall be made by the Company in the due 
observance or performance of any term, covenant or 
agreement contained in Article VII of this Agreement; or 

(d) Default shall be made by the Company in the due 
observance or performance of any other term, covenant or 
agreement herein contained, which default shall remain 
unremedied for 30 days after written notice thereof shall 
have been given to the Company by the Bank or the holder 
of the Bond; provided, however, if such default be such 
that it cannot be corrected within 30 days, it shall not be a 
default if the Company is taking appropriate corrective 
action to cure the default ; or 

(e) Any obligation of the Company (other than its 
obligation hereunder) or of any subsidiary for the pay- 
ment of borrowed money becomes or is declared to be due 
and payable prior to the expressed maturity thereof, unless 
within thirty (30) days from the time any such obligation 
becomes or is declared to be due and payable, the Company 
shall completely satisfy the Bank and the holder of the 
Bond that the acceleration of maturity was not a result of 
the Company's inability to pay the obligation ; or 

(f ) The Company or any subsidiary makes an assign- 
ment for the benefit of creditors, files a petition in bank- 
ruptcy, is adjudicated insolvent or bankrupt, petitions or 
applies to any tribunal for any receiver or any trustee of 
the Company, or any subsidiary, or any substantial part 
of its property, commences any proceeding relating to the 
Company or any subsidiary under any reorganization, 
arrangement, re-adjustment of debt, dissolution or liqui- 
dation law or statute of any jurisdiction, whether now or 
hereafter in effect, or if there is commenced against the 
Company or any subsidiary any such proceeding which 



62 ORDINANCES Ord. No. 9 

remains undismissed for a period of 30 days, or the Com- 
pany or any subsidiary by any act indicates its consent to, 
approval of or acquiescence in any such proceeding or the 
appointment of any receiver of or any trustee for the Com- 
pany, or any subsidiary, or any substantial part of its 
property, or Buffers any such receivership or trusteeship 
■nt inue undischarged for a period of 30 days; or 

(g) Any judgment against the Company or any sub- 
sidiary, or any attachment or other levy against the prop- 
erty of the Company or any subsidiary with respect to a 
claim, for any amount in excess of $10,000 remains unpaid, 
unstayed on appeal, undischarged, unbonded or undis- 
missed for a period of 30 days; or 

(h) Default shall be made by the Company in the due 
observance or performance of any term, covenant or agree- 
ment contained in the Guaranty Agreement or the Trust 
Agreement which shall remain unremedied for any appli- 
cable grace period specified in the Guaranty Agreement or 
the Trust Agreement ; or 

(i) Any person other than a descendent of Harry Klaff, 
or the spouse of a descendent of Harry Klaff shall hold the 
position of chief executive officer of the Company or the 
position of chief administrative officer of the Company, or 
the descendants of Harry Klaff shall, for any reason cease 
to own a controlling interest in the common stock of the 
Company. 

Sec. 11.2. Remedies on Default. Whenever any "event of 
default" described in Section 11.1 hereof shall have occurred 
and be continuing; 

(a) The City or the Bank or the holder of the Bond 
may, by written notice to the Company, declare forthwith 
due and payable the principal of and interest on the 
and all other moneys payable hereunder, whereupon 
the same will become forthwith due and payable, without 
protest, presentment, notice or demand, all of which are 
expressly waived by the Company. 

(1)) The Bank or the holder of the Bond, or the City, with 
the prior written consent of the Bank and the holder of 
the Bond, may from time to time take whatever action at 



ORDINANCES 63 

law or in equity may appear necessary or desirable to col- 
lect the moneys payable by the Company hereunder, then 
due or thereafter to become due, or to enforce performance 
and observance of any obligation, agreement or covenant of 
the Company under this Agreement. 

(c) The City, the holder of the Bond and the Bank, in 
the event any of the principal of and interest on the Bond 
shall at the time be outstanding and unpaid, may have 
access to and inspect, examine, and make copies of the 
books and records and any and all accounts, data and 
income tax and other tax returns of the Company. 

Sec. 11.3. No Remedy Exclusive. No remedy herein con- 
ferred upon or reserved to the City or the holder of the 
Bond or the Bank is intended to be exclusive of any other 
available remedy or remedies, but each and every such rem- 
edy shall be cumulative and shall be in addition to every 
other remedy given under this Agreement or now or here- 
after existing at law or in equity or by statute. No delay 
or omission to exercise any right or power accruing upon 
any default shall impair any such right or power or shall 
be construed to be a waiver thereof, but any such right or 
power may be exercised from time to time and as often as 
may be deemed expedient. In order to entitle the City, the 
holder of the Bond or the Bank to exercise any remedy 
reserved to them in this Article, it shall not be necessary to 
give any notice, other than such notice as may be herein 
expressly required. Such rights and remedies as are given 
the City hereunder shall also extend to the Bank, and the 
Bank and the holder of the Bond, subject to the provi- 
sions of the ordinance, shall be entitled to the benefit of all 
covenants and agreements herein contained. 

Sec. 11.4. Agreement to Pay Attorney's Fees and 
Expenses. In the event the Company should default under 
any of the provisions of this Agreement, and the City or 
the Bank or the holder of the Bond shall hire attorneys or 
incur other expenses for the collection of the payments due 
hereunder or the enforcement or performance or observ- 
ance of any obligation or agreement on the part of the 
Company herein contained, the Company agrees that it will 
on demand therefor pay to the City, the Bank and the 



64 ORDINANCES Ord. No. 9 

holder of the Bond the reasonable fees of such attorneys and 
such other reasonable expenses incurred by the City, the 
Bank or the holder of the Bond. 

Sec. 11.5. No Additional Waiver Implied by One 
Waiver. In the event any term, covenant or agreement con- 
tained in this Agreement shall be breached by either party 
and thereafter waived by the other party, such waiver shall 
be limited to the particular breach hereunder. 

ARTICLE XII. 
Prepayment 

Sec. 12.1. Optional Prepayment. The Company shall have 
the right upon two Banking Days' prior written notice to 
the City and the Bank and the holder of the Bond, to pre- 
pay the moneys due hereunder in whole or in part on any 
interest payment date, without penalty or premium, pro- 
vided that (i) each partial prepayment shall be in the 
amount of $85,000 or a multiple thereof, (ii) interest on 
the amount prepaid accrued to the prepayment date, shall 
be paid on such prepayment date, and (iii) each partial pre- 
payment shall be applied to the installments of principal 
due hereunder in the inverse order of their payment dates ; 
provided, however, that the Company shall not have the 
option to prepay the moneys due hereunder prior to Janu- 
ary 1,1977. 

Sec. 12.2 Mandatory Prepayment. The Company shall 
be obligated to prepay the amounts due hereunder if, 
prior to the expiration of the Loan Term and prior to the 
full payment of the Bond, any of the following shall have 
occurred : 

(a) As a result of any change in the Constitution of 
the State of Maryland, or the Constitution of the United 
States of America, or of legislative or administrative action 
(whether State or Federal), this Agreement or the ordi- 
nance shall have become void or unenforceable or impossi- 
l performance in accordance with the intent and pur- 
poses of the parties as expressed in this Agreement or in 
the ordinance: 



ORDINANCES 65 

(b) The Company's use and occupancy of the Indus- 
trial Buildings or any part thereof shall be legally curtailed ; 
or 

(c) If, for any reason whatsoever, the interest payable 
on the Bond is or becomes includible in the gross income 
(as denned in Section 61 of the Internal Revenue Code) of 
the holder of the Bond. 

The Company shall, within 10 days following knowledge 
by it of any of the events obligating the Company to prepay 
the amounts due hereunder, give written notice to the City, 
the Bank, and the holder of the Bond, indicating whether 
any of the principal of or interest on the Bond shall then 
be unpaid, and shall specify therein the proposed date of 
such prepayment, which date shall be not less than 15 nor 
more than 45 days from the date such notice is mailed, and 
shall make arrangements satisfactory to the Bank and the 
holder of the Bond for the prepayment of the Bond. The 
amount payable by the Company pursuant to the provisions 
of this Section shall be the sum of the following (i) an 
amount of money which when added to the amount on 
deposit with the Bank for payment of the Bond, if any, will 
be sufficient to prepay all the outstanding principal of and 
accrued and unpaid interest on the Bond, including all 
payment expenses; (ii) an amount of money equal to the 
Bank's fees and expenses, and the expenses of the City, 
if any, accrued and to accrue until such final payment of the 
Bond; (iii) in the event any interest on the Bond is 
included in the gross income (as denned in Section 61 of 
the Internal Revenue Code) of the holder of the Bond, an 
amount which, when added to the interest paid or payable 
on the Bond from the date on which the holder of the Bond 
received the interest so includible in the gross income of 
the holder of the Bond, would cause the total amount of 
interest on the Bond, from such date to the date of pay- 
ment, to have been paid or payable at the rate of 10%% 
per annum, which amount shall be considered additional 
interest on the Bond. 



66 ORDINANCES Ord. No. 9 

ARTICLE XIII. 

Miscellaneous 

Sec. 13.1. Notices. All notices, certificates or other writ- 
ten communications hereunder shall be sufficiently given 
and shall be deemed given when mailed by registered mail, 
postage prepaid, addressed as follows : if to the City, to 
the Deputy Treasurer of the City, City Hall, Baltimore, 
Maryland 21202; if to the Company, to the President of 
the Company, Ostend and Ridgely Streets, Baltimore, 
Maryland 21230; and, if to the Bank, to Mr. F. Charles R. 
Hindmarsh, Assistant Vice President, Baltimore and Light 
Streets, Baltimore, Maryland 21202. A duplicate copy of 
each notice, certificate or other communication given here- 
under by either the City or the Company to the other shall 
also be given to the Bank. The City, the Company, the 
Bank, and the holder of the Bond, may, by written notice 
given hereunder, designate any further or different 
addresses to which subsequent notices, certificates or other 
communications shall be sent. 

Sec. 13.2. Expenses. The Company agrees to pay, 
whether out of the proceeds of the Loan or other funds, all 
reasonable expenses of the City and the Bank (including 
the fees and expenses of their counsel) in connection with 
the issuance of the Bond and the transactions contem- 
plated hereby, including all costs of recording and filing 
(fees and taxes), and upon notice in writing from the 
Bank to the Company that the holder of the Bond or the 
Bank has incurred any tax liability or other expenses 
resulting from the imposition by the United States Govern- 
ment of taxes or other levies in connection with this Agree- 
ment other than taxes heretofore mentioned in Section 
12.2, the Company agrees to pay any and all such taxes or 
expenses. 

Sec. L3.8. Binding This Agreement shall inure to 

the benefit of and shall be binding upon the City, the 
Company, i.nd their respective successors and assigns. 

Sec. 13.4. Severability. In the event any provision of 
this Agreement shall be held invalid or unenforceable by 



ORDINANCES 67 

any court of competent jurisdiction, such holding shall not 
invalidate or render unenforceable any other provision 
hereof. 

Sec. 13.5. Amounts Remaining with Bank. It is agreed 
by the parties hereto that any amounts remaining with the 
Bank upon expiration or sooner termination of the Loan 
Term, as provided in this Agreement, after payment in 
full of the Bond and the fees, charges and expenses of the 
Bank and the City and all other expenses required to be 
paid under this Agreement, shall belong to and be paid to 
the Company by the Bank as an overpayment of the 
amounts due hereunder. 

Sec. 13.6. Amendments, Changes and Modifications. 
Except as otherwise provided in this Agreement, subse- 
quent to the issuance of the Bond and prior to its payment 
in full, this Agreement may not be amended, changed, modi- 
fied, altered, or terminated without the prior written con- 
sent of the Bank and the holder of the Bond. 

Sec. 13.7. Executed Counterparts. This Agreement may 
be executed in several counterparts, each of which shall be 
an original and all of which shall constitute but one and 
the same instrument. 

Sec. 13.8. Indemnification of City and Bank. The Com- 
pany shall protect, indemnify, and save harmless the City 
and the Bank and their respective officers, employees and 
agents against and from any and all liabilities, suits, 
actions, claims, demands, losses, expenses and costs of every 
kind and nature incurred by, or asserted or imposed against, 
the City, the Bank and their respective officers, agents or 
employees, or any of them, by reason of any accident, 
injury (including death) or damage to any person or prop- 
erty, howsoever caused, resulting from, connected with or 
growing out cf any act of commission or omission of the 
Company, or any officers, employees, agents, assignees, con- 
tractors or subcontractors of the Company, or any use, 
non-use, possession, occupation, condition, operation, serv- 
ice, design, construction, acquisition, maintenance or 
management of, or on, or in connection with, the Industrial 
Buildings or any part thereof, during the term of this 



68 ORDINANCES Ord. No. 9 

Agreement and regardless of whether such liabilities, suits, 

actions, claims, demand, damages, losses, expenses and 

be against or be suffered or sustained by the City or 

the Bank or any of their respective officers, agents or 
employees, or be against or be suffered or sustained by 
other persons, corporations, or other legal entities to whom 
the City or the Bank or any of their respective officers, 
agents or employees may become liable therefor. The City 
shall not be liable for any damage or injury occurring dur- 
ing the term of this Agreement, to the persons or property 
of the Company or any of its officers, agents, including 
operating personnel, contractors and employees, or any 
other person or entity who or which may be upon the 
Industrial Buildings, due to any act or negligence of any 
person or entity other than the City, its officers, agents, 
servants and employees. The Company may, and if so 
requested by the City or the Bank shall, undertake to 
defend, at its sole cost and expense, any and all suits, 
actions or proceedings brought against the City or the 
Bank or any of their respective officers, agents or employ- 
ees in connection with any of the matters mentioned in 
this Section provided that the City shall give the Company 
timely notice of and shall forward to the Company every 
demand, notice, summons or other process received with 
respect to any claim or legal proceedings within the pur- 
view hereof. 

Sec. 13.9. Filing, The security interest created herein 
and by the Assignment shall be perfected by the filing of 
financing statements which fully comply with the Mary- 
land I'n i form Commercial Code — Secured Transactions, in 
the office of the Clerk of the Superior Court of Baltimore 
City, and in the Office of the State Department of Assess- 
ments and Taxation, in the City of Baltimore, Maryland, 
to the end that the rights of the holder of the Bond and 
the Bank shall be fully preserved as against creditors of, or 
purchasers for value from, the City or the Company. The 
parties further agree that all necessary continuation state- 
ments shall be filed within the time prescribed by the 
Maryland Uniform Commercial Code — Secured Transac- 
tion. . in order to continue the security interest created by 
this Agreement. 






ORDINANCES 69 

Sec. 13.10. Net Agreement. This Agreement shall be 
deemed and construed to be a "net agreement", and the 
Company shall repay absolutely net during the Loan Term 
all payments required hereunder, free of any deductions, 
without abatement deduction or setoff. 

Sec. 13.11. Law Governing Construction of Agreement. 
This Agreement shall be governed by, and construed in 
accordance with, the laws of the State of Maryland. 

Sec. 13.12. Exculpation for City. Nothing in this Loan 
Agreement shall be construed as creating any pecuniary 
liability by the City to the Bank or to the holder of the 
Bond. 

IN WITNESS WHEREOF, the City and the Company have 
caused this Agreement to be executed in their respective 
names and their respective seals to be hereunto affixed and 
attested by their duly authorized officers, all as of the date 
first above written. 

MAYOR AND CITY COUNCIL OF 

BALTIMORE 

By 

Mayor 
ATTEST: 



Deputy Treasurer 

H. KLAFF & COMPANY, INC. 

By 

President 
ATTEST: 



Secretary 



EXHIBIT A 
to 



Loan Agreement dated as of February 1, 1976. 

by and between Mayor and City Council of Baltimore 

and H. Klaff & Company, Inc. 



70 ORDINANCES Ord. No. 9 

DESCRIPTION OF INDUSTRIAL BUILDINGS 

A major capital expansion program is being undertaken 
by the Company at its Ostend Street and Westport yards, 
in order to increase its productive capacity. 

A 33,000 sq. ft. steel walled warehouse building, directly 
across the street from the Company's present Ostend Street 
yard, is to be purchased for $250,000.00. This building will, 
eventually, house two (2) key operations of the Company, 
namely the non-ferrous metals warehouse and a totally 
new operation, the manufacture of scrap for foundry con- 
sumption. 

The existing non-ferrous metals warehouse (11,000 sq. 
ft.), which is located on the Company's main property at 
735 West Ostend Street, will, eventually, be torn down to 
make room for the storage of a larger inventory of stain- 
less steel scrap than can presently be stored. The new 
metals warehouse will be comprised of approximately 
18,000 sq. ft. (about a 50% increase in capacity). The 
remaining 15,000 sq. ft. in the building at 1301-25 Ridgely 
Street will be used for the foundry scrap operation. 

Several things will have to be done, in order to rehabili- 
tate the aforementioned building. The Company will grade 
the existing dirt floor and place a 6" concrete slab, with two 
(2) layers of wire mesh, at a cost of $73,793.00. The 
exterior of the building will be scraped, sanded and 
painted, at a cost of $9,983.00. New lighting will be 
installed at a cost of $24,733.00 and a new roof will be 
installed for $21,873.00. All bent sheets of corrugated metal 
siding and broken windows will be replaced at a cost of 
(9,283.00. The renovations of the offices in this building will 
cost approximately $4,000.00. Thus, a total of $393,665 will 
be spent on the newly acquired building (including the 
purchase price of $250,000.00). 

Certain new equipment will be needed to run the new 
Operations in the aforementioned building. Two Hyster 
Mode] 1180 Lift Trucks, with 8,000 lbs. capacity, will be 
purchased for .517,010.00 each. In addition, a Mosley Hori- 
zontal Loose Baler will be purchased to bale copper, alumi- 
num and other metals for $15,750.00. It is estimated that 
the enlargement of the Company's non-ferrous metals 



ORDINANCES 71 

operation will increase, by 50%, the amount of tonnage the 
Company can handle in this department and add approxi- 
mately 5-7 new jobs. 

Scrap, which is manufactured for foundry consumption, 
must be especially clean and must be cut into much smaller 
sections than scrap sold for general steel mill use. Of course, 
a premium price can be obtained, and the Company 
believes this will be a lucrative new market for it to enter. 
Certain new equipment will be needed, including a Con- 
stellation brand 4-36 Hydraulic Shear, with hydraulic hold- 
down and automatic controls, for $74,250.00, in order to cut 
the material to acceptable size and a 36" wide x 20' long 
Constellation In-feed Oscillating Conveyor, with electric con- 
trols, for $11,485.00. A degreasing tank operation, costing 
approximately $7,500.00, will be necessary, in order to 
properly clean the material and a boxing and packaging 
line will cost about $5,000.00. Four (4) Galbreath Open 
Top Storage Containers, costing $2,100.00/each ($8,400 
total), will be purchased to store the finished product, prior 
to final shipment. It is estimated that the foundry scrap 
operation, which is a totally new one to the Company, will 
add 7-10 new jobs. 

At the corporate headquarters, on the corner of Ostend 
and Ridgely Streets, the main offices are to be renovated. A 
drop ceiling, new lighting and carpeting are being installed. 
In addition, a private office and a new conference room are 
being constructed. Certain sections of the offices are being 
refurbished and the entire interior is being painted. Total 
expenditures on this project will be approximately 
$50,000.00 and the general contractor is Gordor L. Smith & 
Sons, Inc. Two (2) additional people will be added to the 
Company's clerical staff. 

In the main yard, which is used exclusively for the 
processing stainless steel scrap, various changes are to 
be made, in order to expand the Company's productive 
capacity by at least 25%. Two (2) buildings are to be torn 
down (the old "Holland Furnace" building at 1322 
Ridgely Street, which the Company was leasing out and the 
present non-ferrous metals warehouse), in order to make 
room for more processing and storage capacity. 



TJ ORDINANCES Ord. No. 9 

A new Aumunri Portal Crane, with a 7% — 16 ton capac- 
ity, manufactured in Germany, will be constructed with a 
runway, at a cost of $35 1,002.00— not including instal- 
lation. This crane will replace three (3) locomotive cranes 
and will offer far greater capacity and range. The crane 
will be used to feed material to the Company's balers and 
to load the finished products onto railroad cars and trucks 
shipment to the steel mills. The crane is being pur- 
chased from Eurotech Corporation of Pittsburgh, the 
American representative of Aumund. 

femann Mode] 2020-.°>6-SES Metal Baler, with 
200 H.P. pumping unit, is to be purchased for $265,000. 
This machine will be located at the Ostend Street yard and 
will manufacture stainless steel bundles for consumption by 
the steel mills. It will increase the Company's manufactur- 
ing capacity, at this yard, by a minimum of 25% 

Oscillating conveyors are being purchased from Iron 
Hustler Corporation of Peoria, Illinois, for $76,700.00. 
e conveyors will carry stainless steel scrap from the 
Company's sorting area to the balers and take the bales 
away to an inventory storage area after they are manu- 
factured. 

Other work being done to expand and improve the Com- 
pany's Ostend Street yard includes construction of a new 
>nd story locker room and cafeteria for the Company's 
empl< hieh will be located over the truck garage, and 

a new storage area for the company records and spare 
truck parts. Also, a pump house for the new baler will be 
built, and the company is planning to construct a 30' 
high observation tower office for its supervisor. Total con- 
struction costs for the aforementioned work, plus founda- 
tion work and grading for the new crane and baler are 
estimated at $673,000. Gordon L. Smith & Sons, Inc. is to 
ral contractor and it is anticipated that 5-7 
new job openings will be created by this yard expansion. 

the Company's West port yard, located at 2120 Annapo- 

toad, it ia anticipated that about $15,000 will be spent 

ind improve the offices and locker room. Also, 

at this location, the Company Is planning to install a Harris 

Model TGS-824-8 Automatic Baling Press, manufactured 

[arri Ptf IS A Shaer, a Division of American Hoist & 



ORDINANCES 73 

Derrick Company, at a cost of $312,950.00. Also, a new 
pump house will have to be built for this baler. In addition, 
at this location, a larger baler shear, also manufactured by 
Harris, Model BSH-26-1025, will be installed, at a cost of 
$573,700.00. The Westport yard processes all of the iron 
and steel scrap (excluding stainless steel and high tem- 
perature alloys), manufactured by the Company, and it is 
estimated that the new baler and the new shear will 
increase production by 30-35% and create 5-7 new job 
opportunities. 

Professional fees for all of the aforementioned work will 
cost approximately $50,000, including a sum not to exceed 
$34,000, to be paid to the architects, Architecture Planning 
Research/ Associates, 3034 "M" Street, N.W., Washington, 
D. C. Thus, the Company will spend $550,000 on the new 
warehouse building, $1,418,700 at its main yard on Ostend 
Street and $901,650 at its Westport location, for a total 
expenditure of $2,870,000 in this current capital expansion 
project. 

Sec. 12. And be it further ordained, That the Assignment 
by which the City assigns to the Bank all of its right, title 
and interest in and to, and remedies under the Loan Agree- 
ment and moneys due and to become due the City there- 
under, shall be substantially in the following form, and the 
form, with such changes therein as the Mayor of the City 
shall approve, such approval to be conclusively evidenced 
by the execution and delivery of the Assignment by the 
Mayor of the City, is hereby adopted by the City as and for 
the form and tenor of the obligation to be performed, and 
the Assignment is hereby made binding upon the City. 

FORM OF ASSIGNMENT 
ASSIGNMENT 

For the benefit of the holder, from time to time, of the 
City of Baltimore, Maryland Industrial Development Rev- 
enue Bond (H. Klaff & Company, Inc. Project) in the prin- 
cipal amount of $2,500,000 dated as of February 1, 1976 
(herein called "the Bond"), and as security for the due and 
punctual payment of the principal of and interest due on 
the Bond and as security for the performance by Mayor and 



: | ORDINANCES Ord. No. 9 

City Council of Baltimore (herein called "the City"), of 

any other obligations under Ordinance No of the 

City, approved by the Mayor of the City on , 

1976, (herein called "the Ordinance"), the City hereby 
and assigns to Union Trust Company of Maryland 

the holder of the Bond (in such capacity herein 

called the "Assignee"), the following: all right, title and 

interest of the City in, to and under that certain Loan 

::t dated as of the date hereof (herein called the 

ement"), between the City and H. Klaff & 
Company, Inc., a Maryland corporation (herein called 
the "Company") together with all moneys due and to become 
due to the City thereunder (except any pajments to be 
to the City pursuant to the second paragraph of 
Section 5.3 of the Loan Agreement and Sections 11.4, 13.2 
and 13.8 of the Loan Agreement) , and all collateral pledged 
thereunder as security for the Loan, and all rights and 
remedies of the City thereunder, and the City hereby 
appoints the Assignee as agent for the purpose of receiving 
and disbursing such moneys due and to become due under 
the Loan Agreement. The Assignee shall not by the 
acceptance of this Assignment be deemed to assume, or in 
any way to become responsible for the performance of, 
any of the duties, undertakings or obligations of the City 
under the Loan Agreement. 

The Assignee, by the acceptance hereof, hereby agrees 
with the City for the benefit of the holder of the Bond as 
follow.- : 

A. The Assignee shall receive and hold the rights and 
moneys hereby assigned, in trust, for the benefit of the 
holder from time to time of the Bond and shall promptly 
apply all moneys from time to time received and held by 
Assignee hereunder in the following order of priority: 
to the payment when due of interest (including addi- 
tional interest, if any), and premium, if any, on the Bond; 
-/, to the payment when due of principal of the Bond; 
third, to the payment of any additional expenses as provided 
in Section 5.3 of the Loan Agreement; and, fourth, as to any 
balance remaining with the Assignee upon expiration or 
earlier termination of the Loan Term as provided in the 
Loan Agreement, to the Company in accordance with the 
provisions of Section 13.5 of the Loan Agreement. 



ORDINANCES 75 

B. The Assignee accepts this Assignment upon the fol- 
lowing express terms and conditions : 

1. The Assignee shall not be liable or responsible for 
any action taken or omitted by it under this Assignment or 
with respect to the Bond, except for its own negligence or 
willful misconduct; 

2. The holder of the Bond (other than the Assignee) 
shall indemnify and hold the Assignee harmless against 
any cost or expense (including counsel fees) and against 
any loss or liability (except such as results from the As- 
signee's own negligence or misconduct) , which the Assignee 
may suffer or incur by reason of any action taken or omitted 
by the Assignee hereunder; and 

3. The Assignee shall carry out its duties hereunder in 
accordance with the express provisions of this Assignment 
and the Loan Agreement, provided that, as to any matters 
expressly provided for, the Assignee may act and refrain 
from acting in its reasonable discretion. 

4. Nothing in this Assignment shall be construed as 
creating any pecuniary liability on the part of the City to 
the holder of the Bond. 

This Assignment shall constitute a first lien upon the 
rights of the City under the Loan Agreement and of all 
moneys due and to become due to the City thereunder, 
subject to no equal or prior lien or encumbrance of any 
nature whatsoever. With respect to the security interest 
created hereby the Assignee shall have all of the rights and 
remedies of a secured party under the Maryland Uniform 
Commercial Code. 

IN WITNESS WHEREOF, the City has caused this 
Assignment to be duly executed in its name and its seal to 
be hereunto affixed and attested by its duly authorized 
officers, all as of the 1st day of February, 1976. 

MAYOR AND CITY COUNCIL OF 

BALTIMORE 

By 

Mayor 



76 ORDINANCES Ord. No. 9 

ATTEST: 



Deputy Treasurer 



ACCEPTED: 

UNION TRUST COMPANY 
OF MARYLAND 



By 



ACKNOWLEDGMENT 

The undersigned hereby acknowledges receipt of notice 
of the foregoing Assignment, and intending to be legally 
bound, hereby agrees with the Assignee therein named (1) 
to pay directly to the Assignee all moneys due and to become 
due from the undersigned under the Loan Agreement re- 
ferred to in the Assignment, (2) to perform for the benefit 
of the Assignee all of the duties and undertakings of the 
undersigned under the Loan Agreement referred to in the 
Assignment, and (3) that the Assignee shall not be obligated 
by reason of the Assignment to perform or be responsible 
for the performance of any of the duties, undertakings or 
obligations of the City under the Loan Agreement. 

IN WITNESS WHEREOF, the undersigned has caused 
this Acknowledgment to be duly executed in its name and 
its seal to be hereunto affixed and attested by its duly 
authorized officers, all as of the 1st day of February, 1976. 

H. KLAFF & COMPANY, INC. 

By 



President 
ATTEST: 

Secretary 

SEC. 13.0 And be it further ordained, That the Trust 
Agreement by and between the Company and the Trustees 
pursuant to which the proceeds of the Loan will be deposited 
in trust with the Trustees and held, invested and dis- 
bursed by them as therein provided, shall be substantially 



ORDINANCES 77 

in the following form, and the form, with such changes 
therein as the Mayor or the City shall approve, such ap- 
proval to be conclusively evidenced by the execution and 
delivery of the Trust Agreement by the Mayor of the City 
(for the limited purpose therein provided), is hereby 
adopted by the City as and for the form and tenor of the 
Trust Agreement. 

FORM OF TRUST AGREEMENT 

TRUST AGREEMENT 

THIS TRUST AGREEMENT is made as of the 1st day of 
February, 1976, by and between H. KLAFF & COMPANY, 
INC., a Maryland corporation, (the "Company") and F. 
CHARLES R. HINDMARSH and ROBERT A. GRACIE, 
Trustees (the "Trustees") . 

RECITALS 

A. Pursuant to, and in accordance with, the authority 
set forth in Article 41, Section 266A through 266-1 of the 
Annotated Code of Maryland (1971 Repl. Vol., 1975 Cum. 
Supp.), as amended (the "Act") , the Company has received 
from the Mayor and City Council of Baltimore (the "City") , 
a loan in the amount of $2,500,000 (the "Loan") evidenced 
and secured by a Loan Agreement between the City and the 
Company of even date herewith (the "Loan Agreement"), 
the proceeds of which Loan will be used to finance the 
acquisition (as that term is defined in the Act) of certain 
"industrial buildings" (as that term is defined in the Act) 
to be located in the City of Baltimore (the "Industrial 
Buildings"), which Industrial Buildings are more par- 
ticularly described in Exhibit A attached to and made a 
part of the Loan Agreement. 

B. The City has borrowed the money necessary to ac- 
complish the aforesaid financing by issuing, pursuant to the 
Act, its City of Baltimore, Maryland Industrial Develop- 
ment Revenue Bond (H. Klaff & Company, Inc. Project), 
in the principal amount of $2,500,000 dated as of February 
1, 1976 (the "Bond"), which Bond has, on the date of the 
delivery hereof, been purchased at par from the City by 
Union Trust Company of Maryland, a Maryland banking 
corporation (the "Bank"). 



78 ORDINANCES Ord. No. 9 

C. The issuance, sale and delivery of the Bond by the 
City has been authorized by the Act and by Ordinance No. 

of the City approved by the Mayor of the City on 

, 1976 (the "Ordinance") . 

D. The City has made the Loan, and the Bank has pur- 
chased the Bond, upon the condition that this Trust Agree- 
ment be executed and delivered to assure the application of 
the proceeds of the Loan to the acquisition of the Industrial 
Buildings and financing costs, in accordance with the 
description of the Industrial Buildings set forth in Exhibit 
A to the Loan Agreement. 

NOW THEREFORE, this Trust Agreement witnesses : 

1. Completion. The Company convenants and agrees 
to complete the acquisition of the Industrial Buildings as 
described in Exhibit A to the Loan Agreement on or before 
February 1,1978. 

2. Receipt by Ti~ustees. The Trustees have received from 
the Company the sum of $2,500,000 (the "Deposit") and 
have deposited the same to their credit as Trustees in a 
special account with the Bank to be held, invested and 
paid out by the Trustees as hereinafter provided. The 
Deposit shall be advanced in accordance with the provisions 
of paragraphs 5 and 6 of this Trust Agreement and shall 
be made as the acquisition of the Industrial Buildings 
progresses. 

/ vestment of Deposit. The Deposit shall be invested 

by the Trustees as set forth in Section 4.6 of the Loan 

ement, and any profits of such investment shall be paid 

over by the Trustees to the Bank and applied by the 

Bank as set forth in such Section 4.6. 

I. Additional Funds. The Company has convenanted 

with the City and the Bank that if at any time the unpaid 

of the acquisition of the Industrial Buildings shall 

ed the undisbursed balance of the Deposit, it will pro- 

rom sources other than the Loan the funds necessary 

to pay the total cosi of the acquisition of the Industrial 

Buildings free of all liens except liens of which the 

City and the Bank have knowledge on the date hereof. 

Hie Company's funds BO required shall be advanced before 

any Further advance of the Deposit. 



ORDINANCES 79 



5. Advances. 



5.1 Not Assignable. The Deposit shall not be assign- 
able by the Company nor subject to the process of any 
court upon legal action by or against the Company or by 
or against anyone claiming under or through it, and for the 
purposes of this Agreement, the Deposit shall remain in the 
custody of the Trustees until the Company complies with 
each and all of the provisions hereof, provided, however, 
that nothing herein contained shall be considered as in 
anywise modifying, affecting or subordinating the obliga- 
tions heretofore given or to be given by the Company as 
security for the Loan, and the same shall be and remain 
in full force, tenor and effect, this Agreement being intended 
only as additional security and protection for the Loan and 
to assure its use for the purposes intended by the City, the 
Bank and the Company. 

5.2. Requisitions. Disbursements by the Trustees shall 
be made on requisitions signed by the Authorized Company 
Representative referred to in the Loan Agreement, on 
behalf of the Company, signed by the Authorized City 
Representative, on behalf of the City, and approved by an 
officer of the Bank, setting forth (a) the name of the 
person, firm or corporation to whom payment is due, (b) the 
amount to be paid, and (c) the purpose in reasonable detail 
for which the obligation to be paid was incurred. Each 
requisition shall contain the certification by the Authorized 
Company Representative referred to in the Loan Agreement 
that (a) none of the items for which funds are being 
requisitioned has formed the basis for any advance there- 
tofore made hereunder, (b) each item for which funds are 
being requisitioned is necessary in connection with the 
acquisition of the Industrial Buildings as described in 
Exhibit A attached to and made a part of the Loan Agree- 
ment, and (c) all of the funds being requisitioned are being 
used in compliance with Section 103(c) (2) of the Internal 
Revenue Code and Treasury Regulations thereunder, and 
that substantially all of such funds are being used for the 
acquisition, construction or installation of land or property 
of a character subject to the allowance for depreciation 
as prescribed in Section 103(c)(6)(A) of the Internal 
Revenue Code and the Treasury Regulations thereunder. 
No advance will be made for materials delivered to or 



80 ORDINANCES Ord. No. 9 

stored on site which are not physically incorporated into 
the Industrial Buildings. Advances for construction costs 
(other than the last advance) shall be not more than 90% 
of the amount requisitioned. All advances hereunder will 
be made directly to the person, firm or corporation named in 
the requisition, unless the requisition (a) contains a cer- 
tification (approved and verified by an officer of the Bank) 
that such person, firm or corporation has been paid in full 
by the Company and that the funds being requisitioned will 
be used to reimburse the Company therefor, and (b) has 
attached thereto a paid receipt from such person, firm or 
corporation, in which event the advance will be made 
directly to the Company. The final holdback of 10% of the 
cost of construction will be retained until the Trustees have 
been furnished with a copy of the Certificate of Completion 
required by Section 4.4 of the Loan Agreement. The 
Trustees shall have a period of ten (10) Banking Days 
within which to fund each requisition. 

5.3 Completion of Acquisition. After completion of 
the acquisition of the Industrial Buildings and payment of 
all costs in connection therewith, any balance remaining 
in the Deposit shall be applied by the Trustees as set forth 
in the last paragraph of Section 4.3 of the Loan Agreement. 

5.4 Liability of the Trustees, the City and the Bank. 
The Trustees, the City and the Bank shall in no event be 
responsible or liable to any person other than the Company 
for the disbursement of or failure to disburse the Deposit 
or any part thereof and no contractor nor any subcontractor 
nor material supplier shall have any right or claim against 
the Bank, the City or the Trustees under this Agreement 
or the administration thereof. 

6. Conditions Precedent to Advances. With each request 
for an advance hereunder, the Company shall deliver to the 
Trustees a requisition covering the advance requested meet- 
ing the requirements of paragraph 5.2 hereof. The following 
shall be conditions precedent to each such advance: 

'a) the Company shall not be in default in the perfor- 
mance of the terms and provisions of this Agreement or the 
Loan Agreement; and 



ORDINANCES 81 

(b) there shall be sufficient time in the opinion of the 
Bank to complete the acquisition of the Industrial Buildings 
within the period provided in Section 1 hereof. 

7. Covenants of the Company. The Company repre- 
sents and warrants to and covenants with the Trustees for 
the benefit of the City and the Bank that : 

7.1 The Industrial Buildings and the use thereof for 
their intended purposes will not violate any zoning or other 
ordinance or law or agreement of the Company applicable 
to the Industrial Buildings or their use, that all plans and 
specifications for the acquisition of the Industrial Build- 
ings have been approved by all governmental authorities 
having jurisdiction, and that all necessary building permits 
have been obtained or will be obtained. 

7.2 The Company will furnish to the Trustees, upon 
request, assurances satisfactory to the City and the Bank 
that funds necessary to complete the acquisition of the 
Industrial Buildings in excess of sums in the Deposit, have 
been advanced by the Company. 

7.3 No changes will be made in the Industrial Buildings 
to be acquired as described in Exhibit A attached to and 
made a part of the Loan Agreement without the prior 
written approval of the Bank. 

7.4 The Company is, and shall remain, a corporation 
organized, existing and in good standing under the laws of 
the State of Maryland. 

8. Default. Upon the occurrence of a default under this 
Agreement, the Trustees, at the request of the City or the 
Bank, shall apply the balance of the Deposit then in their 
hands as provided in the last paragraph of Section 4.3 of the 
Loan Agreement. It shall be a default under this Agreement : 

(a) if any representation or warranty made by the 
Company in this Agreement is incorrect in any material 
respect; or 

(b) if the Company shall default in the performance of 
any covenant or agreement contained in this Agreement 
and such default shall continue for 30 days after written 
notice to the Company of the existence of such default; 
provided, however, if such default be such that it cannot 



82 ORDINANCES Ord. No. 9 

be corrected within 30 days, it shall not be a default if the 
Company Lb taking appropriate corrective action to cure 
such default; or 

(c) if the City or the Bank shall advise the Trustees 

that B default has occurred and is continuing under the Loan 
Agreement or any other instrument evidencing or securing 
the Loan; or 

(d) if the Company fails to substantially complete the 
acquisition of the Industrial Buildings within the period 
specified in Section 1 hereof, time being of the essence; or 

(e) if the Company makes any assignment for the 
benefit of creditors, is adjudicated a bankrupt, or a receiver 
is appointed for its assets; or 

(f) if any mechanics' liens are filed against the Indus- 
trial Buildings and are not caused to be discharged or 
bonded against by the Company within 30 days after it 
receives notice of the filing thereof. 

9. Miscellaneous. 

9.1 Notices. All notices, requests and demands upon the 
respective parties hereto shall be deemed to have been 
given or made when deposited in the United States mail, 
postage prepaid, and addressed as follows : 

to the Bank : Union Trust Company of Maryland 

Baltimore and Light Streets 
Baltimore, Maryland 21202 
Attention : F. Charles R. Hindmarsh 

to the Company: H. Klaff & Company, Inc. 
Ostend and Ridgely Streets 
Baltimore, Maryland 21230 
Attention : President 

to the Trustees : c/o Union Trust Company of Maryland 
Baltimore and Light Streets 
Baltimore, Maryland 21202 

9.2 No Waiver; Cumulative Remedies. No failure by the 
Bank or the Trustees to exercise, and no delay in exercising, 
any right; power or privilege under this Agreement shall 
operate as a waiver thereof; nor shall any agreement operate 



ORDINANCES 83 

as a waiver thereof; nor shall any partial exercise of any 
right, power or privilege hereunder preclude any other or 
further exercise thereof or the exercise of any other right, 
power or privilege. 

9.3 Regarding the Trustees. The Trustees, by the ac- 
ceptance and performance of this trust do not assume any 
personal liability, and the Company hereby releases them 
and each of them from any such liability, and no claim 
shall be made by the Company upon the Trustees for or on 
account of any matter or thing in excess of the balance of 
the Deposit remaining in their hands and undisposed of in 
accordance with the terms of this Agreement. Any one or 
more of the Trustees may act on behalf of all. The Trustees 
are hereby empowered by the Company and the Bank to 
deposit the Deposit with the Corporate Trust Depart- 
ment of the Bank to be invested according to the pro- 
visions of Section 4.6 of the Loan Agreement and to be dis- 
bursed on direction of the Trustees as more fully provided 
in this Trust Agreement and the Loan Agreement. The 
reasonable fees of such Corporate Trust Department shall 
be paid by the Company. 

9.4 Survival of Agreements. All agreements, covenants, 
representations and warranties of the Company made in 
this Agreement shall survive the making of the disburse- 
ments hereunder. 

9.5 Successors. This Agreement shall be binding upon 
and inure to the benefit of the Company, the City and the 
Bank and the Company's successors and assigns and the 
City's successors and assigns and to the surviving Trustees 
or Trustee and their or his successors in the trust. In the 
event of the death, resignation or incapacity of any Trustee, 
the remaining Trustee or Trustees shall designate a succes- 
sor Trustee to such Trustee. 

9.6 Counterparts. This Agreement may be executed in 
any number of counterparts and each such counterpart shall 
be deemed to be an original. 

9.7 Applicable Law. This Agreement is made, executed 
and delivered in the State of Maryland and Maryland law 
shall govern its interpretation, performance and enforce- 
ment. 



84 ORDINANCES Ord. No. 9 

9.8 Definitions. The terms "Acquisition", "acquisition", 
"Act", "Authorized Company Representative", "Bank", 
"Banking Day", "Bond", "Company", "Industrial Build- 
ings", "Loan", "Loan Agreement", "Ordinance", and 
"Trustees", as used herein, shall have the means ascribed 
thereto in Article I of the Loan Agreement unless the 
context clearly indicates a contrary meaning. 

IN WITNESS WHEREOF, the parties hereto have 
caused this Agreement to be executed, sealed and delivered 
as of the day and year first above-written. 

H. KLAFF & COMPANY, INC. 

By 

President 
ATTEST: 



TRUSTEES 

(SEAL) 

F. Charles R. Hindmarsh, as Trustee 
WITNESS; 



(SEAL) 

F. Charles R. Hindmarsh, as Trustee 



(SEAL) 

Robert A. Grade, as Trustee 

MAYOR AND CITY COUNCIL OF BALTIMORE joins 
in the execution of this Trust Agreement for the sole pur- 
pose of evidencing the approval by its Mayor of the final 
form thereof, in accordance with Section 13 of the ordi- 
nance referred to therein. 

MAYOR AND CITY COUNCIL OF 
BALTIMORE 

by 

Mayor 
ATTEST: 



Deputy Treasurer 






ORDINANCES 85 

SEC. 14. And be it further ordained, That the Guaranty- 
Agreement to be executed and delivered by the Company 
to the Bank pursuant to which the Company will guarantee 
to the Bank the payment when due of the principal of and 
interest on the Bond, shall be substantially in the following 
form, and the form, with such changes therein as the 
Mayor of the City shall approve, such approval to be con- 
clusively evidenced by the execution and delivery of the 
Guaranty Agreement by the Mayor of the City (for the 
limited purpose therein provided), is hereby adopted by the 
City as and for the form and tenor of the Guaranty Agree- 
ment. 

FORM OF GUARANTY AGREEMENT 

GUARANTY AGREEMENT 

This Guaranty Agreement made and entered into as of 
the first day of February, 1976, by and between H. KLAFF 
& COMPANY, INC., a Maryland corporation (the "Com- 
pany") and UNION TRUST COMPANY OF MARYLAND, 
a Maryland banking corporation (the "Bank") . 

WITNESSETH : 

WHEREAS, Mayor and City Council of Baltimore (the 
"City") intends to issue its City of Baltimore, Maryland 
Industrial Development Revenue Bond (H. Klaff & Com- 
pany, Inc. Project), in the principal amount of $2,500,000 
(the "Bond") ; and 

WHEREAS, the Bond is to be issued under and pursuant 

to Ordinance No of the City approved by the Mayor 

of the City on , 1976 (the "Ordinance"); and 

WHEREAS, the proceeds derived from the issuance of the 
Bond are to be loaned by the City to the Company pursuant 
to the terms of a Loan Agreement of even date herewith 
between the City and the Company (the "Loan Agree- 
ment"), to be applied to the acquisition of certain indus- 
trial buildings in the City of Baltimore (the "Industrial 
Buildings") for the benefit of the Company; and 

WHEREAS, the Company is desirous that the City issue 
the Bond and loan the proceeds to the Company as afore- 
said and is willing to enter into this Guaranty Agreement 



8G ORDINANCES Ord. No. 9 

in oidor to enhance the marketability of the Bond and 
thereby achieve lower interest costs and other savings to 
tin 1 Company and as an inducement to the purchase of the 
Bond by all who shall at any time become the holder of the 
Bond. 

NOW, THEREFORE, in consideration of the premises and 
in order to enhance the marketability of the Bond and 
thereby achieve lower interest costs and other savings to 
the Company and as an inducement to the purchase of the 
Bond by all who shall at any time become the holder of the 
Bond, the Company does hereby, subject to the terms 
hereof, covenant and agree with the Bank as follows : 

ARTICLE I. 

Representations and Warranties of the Company 

Sec. 1.1. The Company does hereby represent and war- 
rant that : 

(a) the Company is a corporation duly organized and 
existing under the laws of the State of Maryland; it is not 
in default under any provisions of the laws of Maryland or 
under its Charter; it has corporate power under said laws 
and under its Charter to enter into and perform all agree- 
ments on its part herein contained ; it has been authorized 
to enter into this Guaranty Agreement by all necessary and 
proper corporate action ; and the execution and delivery by 
it of this Guaranty Agreement and the agreements herein 
contained do not contravene or constitute a default under 
any agreement, indenture, commitment, provision of its 
Charter or by-laws or other requirement of law to which it 
is a party or by which it is or may be bound ; and 

(c) this Guaranty Agreement is made in furtherance of 
the purposes for which the Company has been organized 
and the assumption by the Company of its obligations here- 
under will result in direct financial benefits to the Com- 
pany. 

ARTICLE II. 

Covenants and Agreements 

Sec. 2.1. The Company hereby unconditionally guaran- 
tees to the Bank for the benefit of the holder at any time 






ORDINANCES 87 

and from time to time of the Bond (a) the full and prompt 
payment of the principal of the Bond when and as the 
same shall become due, whether at the stated maturity 
thereof, by acceleration or call for redemption or other- 
wise, and (b) the full and prompt payment of any interest 
on the Bond (including any additional interest referred to 
in Section 5.3 and Section 12.2 of the Loan Agreement), 
when and as the same shall become due, and agrees to pay 
all expenses and charges (including court costs and attor- 
ney's fees) paid or incurred by the Bank in realizing upon 
any of the payments hereby guaranteed or in enforcing this 
Guaranty Agreement. All payments by the Company shall 
be paid in lawful money of the United States of America. 
Each and every default in payment of the principal of or 
interest on the Bond shall give rise to a separate cause of 
action hereunder, and separate suits may be brought here- 
under as each cause of action arises. 

Sec. 2.2. The obligations of the Company under this 
Guaranty Agreement shall be absolute and unconditional, 
and shall remain in full force and effect until the entire 
principal of and interest on the Bond shall have been paid, 
irrespective of the validity, regularity or enforceability of 
the Bond, and until such payment, shall not be affected, 
modified or impaired upon the happening from time to time 
of any event, including, without limitation, any of the fol- 
lowing, whether or not with notice to or the consent of the 
Company : 

(a) the compromise, settlement, release or termination 
of any or all of the obligations, covenants or agreements of 
the City under the Loan Agreement or the Ordinance; 

(b) the failure to give notice to the Company of the 
occurrence of a default under the terms and provisions of 
this Guaranty Agreement, the ordinance or the Loan 
Agreement, except as specifically provided in this Guaranty 
Agreement, the Ordinance or the Loan Agreement ; 

(c) the assignment or mortgaging or the purported 
assignment or mortgaging of all or any part of the interest 
of the Company in the Industrial Buildings ; 

(d) the waiver of the payment, performance or 
observance by the City or the Company of any of the obli- 
gations, covenants or agreements of either of them con- 



88 ORDINANCES Ord. No. 9 

tained in the Loan Agreement, the Ordinance or this Guar- 
anty Agreement ; 

(e) the extension of the time for payment of any prin- 
cipal of or interest on the Bond or any part thereof owing 
or payable on the Bond or under this Guaranty Agreement 
or of the time for performance of any other obligations, 
covenants or agreements under or arising out of the ordi- 
nance, the Loan Agreement or this Guaranty Agreement or 
the extension or the renewal of either thereof ; 

(f) the modification or amendment (whether material 
or otherwise) of any obligation, covenant or agreement set 
forth in the Loan Agreement or the ordinance; 

(g) the taking or the omission of any of the actions 
under this Guaranty Agreement ; 

(h) any failure, omission, delay or lack on the part of 
the City or the Bank to enforce, assert or exercise any 
right, power or remedy conferred on the City or the Bank 
in this Guaranty Agreement, the ordinance or the Loan 
Agreement, or any other act or acts on the part of the 
City, the Bank or of the holder at any time or from time to 
time of the Bond ; 

(i) the voluntary or involuntary liquidation, dissolu- 
tion, sale or other disposition of all or substantially all the 
assets, marshalling of assets and liabilities, receivership, 
insolvency, bankruptcy, assignment for the benefit of 
creditors, reorganization, arrangement, composition with 
creditors or readjustment of, or other similar proceedings 
affecting the Company or the City or any of the assets of 
either of them, or any allegation or contest of the validity 
of this Guaranty Agreement in any such proceeding ; 

(j) to the extent permitted by law, the release or dis- 
charge of the Company from the performance or observ- 
ance of any obligation, covenant or agreement contained 
in this Guaranty Agreement by operation of law ; 

(k) the default or failure of the Company fully to per- 
form any of its obligations set forth in this Guaranty 
Agreement ; 

(1) the validity of the Loan Agreement, the ordinance 
or the Bond; or 









ORDINANCES 89 

(m) any other cause^ whether similar or dissimilar to 
the foregoing. 

Sec. 2.3. No set-off, counterclaim, reduction, or diminu- 
tion of any obligation, or any defense of any kind or 
nature which the Company has or may have against the 
City or the Bank shall be available hereunder to the Com- 
pany against the Bank. 

Sec. 2.4. In the event of a default in payment of the prin- 
cipal of the Bond when and as the same shall become due, 
whether at the stated maturity thereof, by acceleration or 
call for redemption or otherwise or in the event of a default 
in the payment of any interest on the Bond when and as 
the same shall become due, the Bank may, and if requested 
so to do by the holder of the Bond, and upon indemnifica- 
tion as hereinafter provided, the Bank shall be obligated 
to proceed hereunder, and the Bank, in its sole discretion, 
shall have the right to proceed first and directly against the 
Company under this Guaranty Agreement without pro- 
ceeding against or exhausting any other remedies which 
it may have and without resorting to any other security 
held by the City or the Bank. 

Before taking any action hereunder, the Bank may (if it 
is not then the holder of the Bond) require that a satis- 
factory indemnity bond be furnished for the reimburse- 
ment of all expenses to which it may be put and to protect 
it against all liability, except liability which is adjudicated 
to have resulted from its negligence or willful default by 
reason of any action so taken. 

Sec. 2.5. The Company hereby expressly waives notice 
in writing, or otherwise, from the Bank or the holder at 
any time or from time to time of the Bond of their accept- 
ance and reliance on this Guaranty Agreement. The Com- 
pany agrees to pay all costs, expenses and fees, including 
all reasonable attorneys' fees, which may be incurred by 
the Bank in enforcing or attempting to enforce this Guar- 
anty Agreement following any default on the part of the 
Company hereunder, whether the same shall be enforced 
by suit or otherwise. 



90 ORDINANCES Ord. No. 9 

Sec. 2.6. The Company agrees that it will maintain its 
corporate existence, will not dissolve or otherwise dispose 
of all or substantially all of its assets and will not consoli- 
date with or merge into another corporation, except as pro- 
1 in Section 7.1(c) of the Loan Agreement, without 
the prior written consent of the Bank. 

Sec. 2.7. (a) The failure of the Company to abide by or 
perform any of the covenants contained herein shall con- 
stitute an event of default hereunder. 

(b) The dissolution or liquidation of the Company or 
the filing by the Company of a voluntary petition in bank- 
ruptcy, or failure by the Company promptly to lift any exe- 
cution, garnishment or attachment of such consequence as 
will impair its ability to carry on its operations at the 
industrial facility at which the Industrial Buildings are 
located, or adjudication of the Company as a bankrupt, or 
if a petition or answer proposing the adjudication of the 
Company as a bankrupt or its reorganization under any 
present or future federal bankruptcy act or any similar fed- 
eral or state law shall be filed in any court and such petition 
or answer shall not be discharged or denied within thirty 
days after the filing thereof, or if the Company shall 
admit in writing its inability to pay its debts generally 
as they become due, or a receiver, trustee or liquidator of 
the Company or of all or any substantial portion of the 
industrial facility at which the Industrial Buildings are 
located shall be appointed in any proceeding brought against 
the Company and shall not be discharged to or acquiesce 
in Biich appointment, or assignment by the Company for 
the benefit of its creditors, or the entry by the Company 
into an agreement of composition with its creditors shall 
also constitute an event of default hereunder. 

(c) If the default shall consist of the breach of any of 
the covenants or agreements made by the Company under 
Sect inn 2.1 hereof or if a default shall occur under Section 
2.7(b) hereof, the Company will forthwith pay to the Bank 
for the benefit of the holder of the Bond, without demand 
or notice and whether or not there has been any other 
default under the Loan Agreement, the ordinance or the 
Bond, the whole amount of the principal of the Bond then 
outstanding and any unpaid interest thereon, and if the 



ORDINANCES 91 

default shall consist of a breach under Section 2.1. hereof, 
with interest thereon so far as permitted by law at the 
rate of twelve per cent (12%) per annum. In the event 
that the Company shall be required to make any payment 
to the Bank pursuant to the foregoing provisions of this 
Section 2.7(c), it shall, in addition to such payment, pay to 
the Bank such further amount as shall be sufficient to cover 
the costs and expenses of collection, including a reasonable 
compensation to the Bank, its agents, attorneys and counsel, 
and any expenses or liabilities incurred by the Bank here- 
under. 

(d) In the case of defaults other than those under Sec- 
tions 2.1 and 2.7(b) hereof, the Bank shall give the Com- 
pany written notice of such default and if such default shall 
continue unremedied for thirty (30) days following the 
receipt of such notice, the Bank shall have the same rights 
and remedies afforded by Section 2.7(c) above; provided, 
however, if such default (other than a default under 
Sections 2.1 or 2.7(b) hereof) be such that it cannot be 
corrected within the applicable period, it shall not be a 
default if the Company is taking appropriate corrective 
action to cure such default. 

Sec. 2.8. This Guaranty Agreement is entered into by 
the Company for the benefit of the Bank and the holder 
of the Bond and their respective successors and assigns 
under the Loan Agreement and the ordinance, all of whom 
shall be entitled to enforce performance and observance 
of this Guaranty Agreement and of the guaranties and 
other provisions herein contained to the same extent as 
if they were parties signatory hereto. 

Sec. 2.9. The terms of this Guaranty Agreement may 
be enforced as to any one or more breaches either separately 
or cumulatively. 

ARTICLE III. 

Notice and Service of Process, Pleadings 
and Other Papers 

Sec. 3.1. The Company covenants that it is a corpora- 
tion, organized and existing under the laws of the State 



92 ORDINANCES Ord. No. 9 

of Maryland and subject to service of process in the State 
of Maryland, and that it will remain so for so long as the 
Bond is outstanding. 

ARTICLE IV. 

Miscellaneous 

Sec. 4.1. The obligations of the Company hereunder 
shall arise absolutely and unconditionally when the Bond 
shall have been issued, sold and delivered by the City. 

Sec. 4.2. No remedy herein conferred upon or reserved 
to the Bank hereunder is intended to be exclusive of any 
other available remedy or remedies, but each and every 
such remedy shall be cumulative and shall be in addition 
to every other remedy given under this Guaranty Agree- 
ment or now or hereafter existing at law or in equity or by 
statute. This Guaranty Agreement shall be governed by 
the laws of the State of Maryland. No delay or omission 
to exercise any right or power accruing upon any default, 
omission or failure of performance hereunder shall impair 
any such right or power or shall be construed to be a 
waiver thereof, but any such right and power may be 
exercised from time to time and as often as may be deemed 
expedient. In order to entitle the Bank to exercise any 
remedy reserved to it in this Guaranty Agreement, it shall 
not be necessary to give any notice, other than such notice 
as may be herein expressly required. In the event any 
provisions contained in this Guaranty Agreement should 
be breached by any party and thereafter duly waived 
by the other party so empowered to act, such waiver shall 
be limited to the particular breach so waived and shall 
not be deemed to waive any other breach hereunder. No 
waiver, amendment, release or modification of this Guaranty 
Agreement shall be established by conduct, custom or 
course of dealing, but solely by an instrument in writing 
duly executed by the parties thereunto duly authorized by 
this Guaranty Agreement. 

Sec. 4.3. This Guaranty Agreement constitutes the 
entire agreement between the parties, and supersedes all 
prior agreements and understandings, both written and 



ORDINANCES 93 

oral among the parties with respect to the subject matter 
hereof and may be executed simultaneously in several 
counterparts, each of which shall be deemed an original, 
but all of which together shall constitute one and the same 
instrument. 

Sec. 4.4. The invalidity or unenforceability of any one 
or more phrases, sentences, clauses or Sections in this 
Guaranty Agreement contained, shall not affect the validity 
or enforceability of the remaining portions of this Guaranty 
Agreement or any part thereof. 

Sec. 4.5. This Guaranty Agreement may be amended 
to the same extent and upon the same conditions that the 
Loan Agreement may be amended by a written agreement 
signed by the parties hereto. 

Sec. 4.6. The terms "acquisition", "Bank", "Bond", 
"Company", "Industrial Buildings", "Loan Agreement", 
and "Ordinance", as used herein, shall have the meaning 
ascribed thereto in Article I of the Loan Agreement unless 
the context clearly indicates a contrary meaning. 

IN WITNESS WHEREOF, the Company, pursuant to 
proper resolution duly passed, has caused this Guaranty 
Agreement to be executed in its name and behalf and its 
corporate seal to be affixed hereto and attested by its duly 
authorized officers, all as of the date first above written. 

H. KLAFF & COMPANY, INC. 

By 



President 



(Corporate Seal) 
ATTEST: 



Secretary 



Accepted as of the 1st day of 

January, 1976 by Union Trust 

Company of Maryland 



By 



94 ORDINANCES Ord. No. 9 

(Corporate Seal) 
ATTEST: 



MAYOR AND CITY COUNCIL OF BALTIMORE joins 
in the execution of this Guaranty Agreement for the sole 
purpose of evidencing the approval by its Mayor of the final 
form thereof, in accordance with Section 14 of the ordinance 
referred to therein. 

MAYOR AND CITY COUNCIL OF 
BALTIMORE 



By 

Mayor 



ATTEST : 



Deputy Treasurer 

Sec. 15. And be it further ordained, That the execution 
and delivery of the Bond, the Loan Agreement, the Assign- 
ment, the Trust Agreement, the Guaranty Agreement and 
all other documents necessary to evidence and secure the 
Bond and the Loan are hereby authorized. The Bond, the 
Loan Agreement, the Trust Agreement and the Guaranty 
Agreement shall be executed on behalf of the City by the 
Mayor of the City by manual signature, and the corporate 
seal of the City shall be impressed or otherwise repro- 
duced thereon and attested by the Deputy Treasurer of the 
City by manual signature. In case any officer whose signa- 
ture shall appear on the Bond or any of the aforesaid docu- 
ments shall cease to be such officer before the delivery of 
the Bond or any of the other documents aforesaid, such 
signature shall nevertheless be valid and sufficient for all 
purposes, the same as if such officer had remained in office 
until delivery. The Mayor, the Deputy Treasurer, and other 
officials of the City shall do all such acts and things and 
execute such supporting documents and certificates as may 
be necessary to carry out and comply with the provisions 
hereof, including, but not limited to, the statement of 
election required by Section 103(c) (6) (D) of the Code. 



ORDINANCES 95 

Sec. 16. And be it further ordained, That the provisions 
of this ordinance are severable, and if any provision, 
sentence, clause, section or part thereof is held illegal, in- 
valid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity or unconstitution- 
ality, or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections, or parts 
of this ordinance or their application to other persons or 
circumstances. It is hereby declared to be the legislative 
intent that this ordinance would have been passed if such 
illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and 
if the person or circumstances to which this ordinance or 
any part hereof are inapplicable had been specifically ex- 
empted herefrom. 

Sec. 17. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 11, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 10 
(Council No. 41) 

An Ordinance directing the Commissioner of Transit and 
Traffic to reinstall a bus stop on the north side of Fort 
Avenue east of Hull Street. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That, any other ordinances notwithstanding, 
the Commissioner of Transit and Traffic is hereby directed 
to require the installation of a bus stop on the north side 
of Fort Avenue east of Hull Street. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 18, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



96 ORDINANCES Ord. No. 11 

No. 11 

(Council No. 30) 

An Ordinance to repeal and reordain, with amendments, 
Section 22 of Article 31 of the Baltimore City Code (1966 
Edition), title "Transit and Traffic," subtitle "Bicycles," 
reducing the holding time for impounded bicycles from 
90 days to SO 45 days. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 22 of Article 31 of the Baltimore 
City Code (1966 Edition), title "Transit and Traffic," sub- 
title "Bicycles," be and it is hereby repealed and reor- 
dained, with amendments, to read as follows : 

22. 

A bicycle which is impounded and possessed by the 
Police Department under the provisions of law shall be 
held by the department for at least [ninety (90)] thirty 
{$&)■ FORTY-FIVE (45) days during which time efforts 
shall be made to locate the owner thereof. At any time fol- 
lowing the end of such period, and if the owner cannot be 
located or ascertained, the department is authorized and 
empowered to dispose of the bicycle. The bicycle may be 
given to any charitable, non-profit, or eleemosynary agency 
or institution in Baltimore City ; or in the discretion of the 
department it may be disposed of at a public sale, at least 
three days' notice of which shall have been given to the 
public. In the latter event, the proceeds of the sale shall be 
paid into the special fund constituted by Section 580 of the 
Public Local Laws of Baltimore City (1949 Edition), as 
amended from time to time. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 24, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 97 

No. 12 
(Council No. 77) 

An Ordinance to repeal Section 6 of Article 6 of the Balti- 
more City Code (1966 Edition), title "Courts," subtitle 
"People's Court", in order to remove from the Code a 
section which has been superseded by State law. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 6 of Article 6 of the Baltimore 
City Code (1966 Edition), title "Courts," subtitle "People's 
Court", be and it is hereby repealed. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 24, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 13 
(Council No. 78) 

An Ordinance to repeal and reordain, with amendments, 
Sections 1(a) and 1(c) of Article 3 of the Baltimore 
City Code (1966 Edition), title "Aviation," subtitle 
"Commission"; and to repeal Sections 11 through 29 of 
said Article 3, for the purpose of correcting certain ref- 
erences and repealing certain sections which have been 
superseded and inferentially repealed by Acts of the 
General Assembly. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 1(a) and 1(c) of Article 3 of 
the Baltimore City Code (1966 Edition), title "Aviation", 
subtitle "Commission", be and they are hereby repealed 
and reordained, with amendments, to read as follows : 

1. Created ; meetings, staff. 



98 ORDINANCES Ord. No. 13 

(a) Members. There is hereby created a Commission 
to be known as the "Baltimore City Aviation Commission," 
to consist of nine (9) members, one (1) of whom shall be 
the Mayor of the City, ex officio, and one (1) of whom 
shall be the [Chief Engineer] Director of Public Works 
of the City, ex officio, and the other seven (7) members 
shall be interested in the development of aviation and 
appointed by the Mayor of the City in the manner pre- 
scribed by Article IV, Sec. 6 of the Baltimore City Charter 
(1964 Edition). The Mayor may delegate some other person 
to attend any meeting or meetings of the Commission and 
to vote in his place, and the [Chief Engineer] Director of 
Public Works may delegate an employee of the Department 
of Public Works to attend any meeting or meetings of the 
Commission and to vote in his place. No person (except the 
Mayor and [Chief Engineer] Director of Public Works) 
holding any public office for remuneration or who is an 
officer, employee, agent or representative of any common 
carrier, shall be appointed a member of the Commission. 

The terms of the ex officio members shall correspond to 
their respective terms of office, and the term of each 
appointed member shall be five (5) years, or until his suc- 
cessor qualifies and takes office, except that the respective 
terms of seven (7) of the members of said commission 
first appointed shall be as follows : 

One (1) of such members shall be appointed for two (2) 
years; two (2) of such members shall be appointed for 
three (3) years; two (2) of such members shall be ap- 
pointed for four (4) years, and two (2) of such members 
shall be appointed for five (5) years, the respective terms 
to be designated by the Mayor. Vacancies occurring among 
the appointed members, through the expiration of a term 
or otherwise, shall be filled for the unexpired term by the 
Mayor in the manner prescribed by Article IV, Sec. 6 of 
the Baltimore City Charter (1964 Edition). 

One (1) of the appointed members shall be designated 
by the Mayor as Chairman to serve until the expiration of 
his term. 

The appointed members of the Commission shall be re- 
movable for cause by the Mayor upon written charges and 
after public hearing. 



ORDINANCES 99 

No member of the Commission shall receive any compen- 
sation for his services on the Commission. 

(c) Employees and staff. The Commission may appoint 
a secretary, and appoint, employ, hire or engage such other 
assistants, aides and employees as may be deemed neces- 
sary for the proper performance of the duties of the 
Commission, said appointments to be made in accordance 
with any and all of the terms and provisions of Article VII, 
Sees. 108-122, inclusive, of the Charter of Baltimore City 
(1964 Edition), and in accordance with all the terms and 
provisions of any and all laws, rules and regulations gov- 
erning the Classified [City] Civil Service of Baltimore. The 
compensation of said secretary and other assistants, aides, 
and employees shall be subject to the approval of the Board 
of Estimates and shall be paid as provided in the Annual 
Ordinance of Estimates. 

The Commission, subject to the approval of the Board 
of Estimates, also may employ or hire, from time to time, 
by contract, consulting, planning or designing engineers or 
architects or other persons possessing technical or special- 
ized skills in connection with its duties and powers. 

The Commission may require the assistance of any other 
commission, department, bureau or agency of the Mayor 
and City Council of Baltimore, and any such commission, 
department, bureau or agency, upon request, shall furnish 
the Commission, within a reasonable time, such informa- 
tion and assistance as it may have or is able to supply and 
which may be necessary or proper for the performance of 
the work of the Commission. 

Sec. 2. And be it further ordained, That Sections 11 
through 29 of said Article 3 be and they are hereby repealed. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 24, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



100 ORDINANCES Ord. No. 14 

No. 14 
(Council No. 83) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of $25,000.00 to the De- 
partment of Public Works to be used for installing curb- 
side water meters in accordance with the provisions of 
Article VI, Section 2(h) (1) of the Baltimore City Charter 
(1964 Revision). 

Whereas, certain property owners have expressed a de- 
sire for installation of visual curb-side water meters rather 
than electronic house water meters ; and 

Whereas, the City will incur additional costs for the 
installation of such curb-side meters ; and 

Whereas, the money appropriated herein represents 
revenues produced by charges to certain property owners 
in excess of the revenues estimated and relied upon by the 
Board of Estimates in determining the tax levy required 
to balance the budget for the 1976 fiscal year and are 
therefore available for appropriation to the Department of 
Public Works pursuant to the provisions of Article VI, Sec- 
tion 2(h) (1) of the Baltimore City Charter (1964 Revision) ; 
and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a meeting of said Board held on the 19th day 
of November, 1975, all in accordance with Article VI, Sec- 
tion 2(h)(1) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2 of the 1964 revision of the Charter of Baltimore City 
the sum of : : ':^*),000.00 shall be made available to the De- 
partment of Public Works as a supplementary special fund 
appropriation for the fiscal year ending June 30, 1976 for 
iose of installing curb-side water meters. The 
amount thus made available as a supplementary special 
fund appropriation shall be expended from revenue de- 
rived from charges to certain property owners in excess 



ORDINANCES 101 

of the amount from this source which was estimated or 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1976 fiscal 
year ; and said funds shall be the source of revenue for this 
supplementary special fund appropriation, as required by 
Article VI, Section 2 of the 1964 revised Charter of Balti- 
more City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 24, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 






No. 15 
(Council No. 118) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of Eight Hundred Thirty- 
five Thousand Dollars ($835,000) to the Fire Department, 
to be used for defraying operating deficits caused by 
termination by the State of a Maryland Occupational 
Safety and Health Act grant and by certain personnel 
costs which were not anticipated in the Fiscal 1976 
budget, in accordance with the provisions of Article VI, 
Section 2(h)(3) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents 
revenues produced by personal property taxes from prior 
years in excess of the revenues estimated and relied upon 
by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1976 fiscal year and 
are therefore available for appropriation to the Fire De- 
partment pursuant to the provisions of Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision); 
and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 



102 ORDINANCES Ord. No. 16 

by the Board of Estimates, said recommendation having 
been made at a meeting of said Board held on the 6th day 
of February, 197(>, all in accordance with Article VI, Sec- 
tion 2(h) (3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Haiti more, That under the provisions of Article VI, Sec- 
tion 2 of the 1964 revision of the Charter of Baltimore City 
the sum of Eight Hundred Thirty-five Thousand Dollars 
($835,000) shall be made available to the Fire Department 
as a supplementary general fund appropriation for the fis- 
cal year ending June 30, 1976 for the purpose of defraying 
operating deficits caused by termination by the State of a 
Maryland Occupational Safety and Health Act grant and by 
certain personnel costs which were not anticipated in the 
Fiscal 1976 budget. The amount thus made available as a 
supplementary general fund appropriation shall be ex- 
pended from revenue derived from personal property taxes 
from prior years in excess of the amount from this source 
which was estimated or relied upon by the Board of Esti- 
mates in determining the tax levy required to balance the 
budget for the 1976 fiscal year ; and said funds shall be the 
source of revenue for this supplementary general fund 
appropriation, as required by Article VI, Section 2 of the 
196 1 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 24, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 16 

(Council No. 160) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of One Hundred Seventy- 
Thousand Eight Hundred Fifty Dollars ($177,- 
8.")0) to the Board of Estimates Civic Promotion, Pro- 
gram 590, to be used for expenses associated with 
Baltimore City's Bicentennial Celebration in accordance 



ORDINANCES 103 

with the provisions of Article VI, Section 2(h)(3) of 
the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents 
revenues produced by personal property taxes from prior 
years in excess of the revenues estimated and relied upon 
by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1976 fiscal year and 
are therefore available for appropriation to the Board of 
Estimates Civic Promotion Program 590 pursuant to the 
provisions of Article VI, Section 2(h) (3) of the Baltimore 
City Charter (1964 Revision) ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a meeting of said Board held on the 25th day 
of February, 1976, all in accordance with Article VI, Sec- 
tion 2(h) (3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2 of the 1964 revision of the Charter of Baltimore 
City the sum of One Hundred Seventy-seven Thousand 
Eight Hundred Fifty Dollars ($177,850) shall be made 
available to the Board of Estimates Civic Promotion Pro- 
gram 590 as a supplementary general fund appropriation 
for the fiscal year ending June 30, 1976 for the purpose of 
defraying expenses associated with Baltimore City's Bi- 
centennial Celebration. The amount thus made available 
as a supplementary general fund appropriation shall be 
expended from revenue derived from personal property 
taxes from prior years in excess of the amount from this 
source which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1976 fiscal year; and said funds shall 
be the source of revenue for this supplementary general 
fund appropriation, as required by Article VI, Section 2 of 
the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 24, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



104 ORDINANCES Ord. No. 17 

No. 17 
(Council No. 23) 

An Ordinance granting permission to Dismas House of 
Baltimore, Inc. for the establishment and maintenance of 
a Community Correction Center in a portion of the church 
building located on the east side of North Caroline Street 
south of Oliver Street known as 1415 North Caroline 
Street, under the provisions of Section 4.8-ld of Article 
30 of the Baltimore City Code (1966 Edition), title 
"Zoning Code of Baltimore City," as ordained by Ordi- 
nance 1051, approved April 20, 1971 and amended by 
Ordinance 260, approved February 5, 1973, and under the 
provisions of Section 11.0-6d of said article and title, sub- 
title "Conditional Uses by Authority of City Council," as 
ordained by Ordinance 1051, approved April 20, 1971. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted to Dismas 
House of Baltimore, Inc. for the establishment and main- 
tenance of a Community Correction Center in a portion of 
the church building located on the east side of North 
Caroline Street south of Oliver Street, known as 1415 North 
Caroline Street, under the provisions of Section 4.8-ld of 
Article 30 of the Baltimore City Code (1966 Edition), title 
"Zoning Code of Baltimore City," as ordained by Ordinance 
1051, approved February 5, 1973, and under the provisions 
of Section 11.0-6d of said article and title, subtitle "Condi- 
tional Uses by Authority of City Council," as ordained 
by Ordinance 1051, approved April 20, 1971. 

Sec. 2. And be it further ordained, That the City Council 
has knowledge of the agreement between the Community In- 
volvement Board and Dismas House of Baltimore, Inc. 
executed December 19, 1975. 

Sec. 3. And be it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved March 26, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 






ORDINANCES 105 

No. 18 
(Council No. 73) 

An Ordinance to repeal and reordain, with amendments, 
Sections 3(b) and 7(a) and (b), of Article 5 of the 
Baltimore City Code (1966 Edition), title "Comptroller 
and Treasurer," subtitle "Comptroller," and Section 13 
of said Article 5, subtitle "Public Welfare Expendi- 
tures," as amended by Ordinance 1101, 1967, to correct 
certain references. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 3(b) and 7(a) and (b) of 
Article 5 of the Baltimore City Code (1966 Edition), title 
"Comptroller and Treasurer," subtitle "Comptroller," and 
Section 13 of said Article 5, subtitle "Public Welfare Ex- 
penditures," as amended by Ordinance 1101, 1967, be and 
they are hereby repealed and reordained, with amend- 
ments, to read as follows : 

3. Insurance negotiations. 

(b) Moneys paid to City. All moneys that may be 
awarded to the City by reason of loss from damage or 
destruction covered by City-purchased insurance shall be 
paid to the Mayor and City Council of Baltimore, and the 
appropriate agency shall be credited with these funds. 
Repairs or replacement of the property suffering such 
damage shall be made subject to the approval of the 
[Building Inspection Engineer] Director of Public Works, 
by either City employees or under contract. 

7. Damaged property restored. 

(a) Procedure. In the event of the loss^ damage, or 
destruction of property owned by or in the custody of the 
Mayor and City Council of Baltimore, the department, sub- 
department, municipal official, special commission, or board 
subjected to loss shall promptly notify the Comptroller and 
the [Building Inspection Engineer] Director of Public 
Works to obtain an estimate of the cost of repair, rebuild- 
ing, or replacement from the latter. If the loss is estimated 
to be not more than $200,000 the agency, subject to the 



106 ORDINANCES Ord. No. 18 

approval of the [Building Inspection Engineer] Director 
of Public Works, either shall arrange for repairs by its 
own maintei >rce or shall proceed in the usual man- 

ner to effect the awarding of a contract for such work. 
i completion and the consequent knowledge of the 
actual cosl of the restoration, the agency shall apply to 
the Comptroller for reimbursement from the Self- 
1 71 su ranee Fund. Upon approval by the Comptroller, a re- 
quest for the transfer of the actual cost of the work per- 
aed from the Self-Insurance Fund to the appropriate 
account of the affected agency shall be made to the Director 
of Finance. The first $1,000 of each loss shall be borne by 
the agency suffering the loss, and the agency shall be reim- 
bursed for the total amount of loss in excess of this sum. 

(b) Loss in excess of 8200,000. If at the time of the 
[Building Inspection Engineer's] estimate of the Director 
of Public Works, it is reasonably expected that the loss 
may be in excess of $200,000, a copy of the estimate shall 
be transmitted immediately to the Comptroller to enable 
him to negotiate with the insurance carrier. 

13. Procedure. 

(a) Upon the receipt of the written request of the Di- 
rector of [Welfare] Social Services or his duly authorized 
agent, for the funds for the assistance rolls and foster 
care program of the Department of [Welfare] Social 
Services, previously approved by the Department of Fi- 
nance for payment, the Treasurer or Deputy Treasurer, and 
the Mayor or Acting Mayor or the Director of Finance, are 
hereby authorized and empowered to pay funds of the 
Mayor and City Council of Baltimore to the Director of 
[Welfare] Social Services for the assistance rolls and 
foster care program of the Department of [Welfare] 
Social Services. 

(b) All money received by the Director of [Welfare] 
Social S< rvices from the Mayor and City Council of Balti- 
more under the provisions of this subtitle must be depos- 
it) a depository or depositories designated by the Com- 
missioners of Finance from time to time. 

(c) Funds placed in said depositories as aforesaid may 
be withdrawn therefrom by check for the assistance rolls 



ORDINANCES 107 

and foster care program of the Department of [Welfare] 
Social Services, and said checks shall bear the signature 
of the Director of [Welfare] Social Services and one per- 
son of the Department of [Welfare] Social Services desig- 
nated by the Director thereof to sign as Disbursing officer ; 
such designation shall be made in writing by the Director 
of [Welfare] Social Services and filed with the deposito- 
ries on which such checks are drawn. Any signature on any 
such checks may be manual or facsimile. 

(d) The Director of [Welfare] Social Services and the 
Disbursing Officer designated by the Director of [Wel- 
fare] Social Services as aforesaid, before performing any 
act under the provisions of this subtitle, shall give bond to 
the Mayor and City Council of Baltimore in such amount, 
in such form and upon such conditions as may be required 
for employees of the Department of Finance and the Depart- 
ment of the Treasurer. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 26, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 






No. 19 
(Council No. 74) 

An Ordinance to repeal and reordain, with amendments, 
Section 20(a) of Article 4 of the Baltimore City Code 
(1966 Edition), title "Community Relations," subtitle 
"Baltimore Community Relations Commission," to cor- 
rect a reference. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 20(a) of Article 4 of the Balti- 
more City Code (1966 Edition), title "Community Rela- 
tions," subtitle "Baltimore Community Relations Commis- 
sion," be and it is hereby repealed and reordained, with 
amendments, to read as follows : 



108 ORDINANCES Ord. No. 20 

20. Enforcement. 

(a) Certification of complaint. In the event any re- 
spondent refuses to comply with an order of the Commis- 
sion (as to any mailer oilier than those covered by Section 
[17(h) 1] 16(8) of this subtitle), or in the event, at any 
time after the filing of a complaint, the Commission deter- 
mines that the alleged unlawful practice will have become 
final and unrectifiable unless restrained, the Commission 
may certify the matter to the City Law Department. 

Sec. 2. And be it further ordainded, That this ordinance 
shall take effect from the date of its passage. 

Approved March 26, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 20 
(Council No. 75) 

An Ordinance to repeal and reordain, with amendments, 
Sections 6, 8, 9, 15, 17, and 19 of Article 2 of the Balti- 
more City Code (1966 Edition), title "Auctions and 
Sales," subtitle "Auctions," and Section 30(e) and (f) 
of said Article 2, subtitle "Going Out of Business Sales," 
for the purpose of correcting certain references. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 6, 8, 9, 15, 17, and 19 of Article 
2 of the Ball imore City Code (1966 Edition), title "Auctions 
and Sales," subtitle "Auctions," and Section 30(e) and 
(f) of said Article 2, subtitle "Going Out of Business 
Sales," be and they are hereby repealed and reordained, 
with amendments, to read as follows : 

6. Term of license. 

A license may, on the request and with the consent of 
the party applying therefor, be issued by the [City Treas- 
urer] Director of Finance, nunc pro tunc, so as to avail 



ORDINANCES 109 

him for a year from the day on which his license expired, 
or in such manner as to avail him for any part of the 
interval the applicant may desire; but no license issued 
under this section shall acquit the party obtaining it of 
any penalty hereby imposed for selling without a license, 
if prosecution therefor shall have been commenced before 
such license was obtained. 

8. Bond; how filed. 

All bonds required by this Article shall be filed in dupli- 
cate with the [City Treasurer] Director of Finance, and 
upon approval thereof by the City Comptroller, the dupli- 
cate, with the City Comptroller's approval affixed thereto, 
shall be returned to the [City Treasurer] Director of 
Finance, who shall file the same among the records of his 
office. 

9. Issue of license. 

The [City Treasurer] Director of Finance, on his being 
satisfied that the bond herein required has been entered 
into by any of the persons appointed auctioneers by the 
Mayor, and upon his receiving the license fee required from 
such person, shall issue a license to such person as herein 
provided, for the term of one year. 

15. Failure of surety. 

If any surety of any auctioneer shall remove from this 
State or become insolvent the [City Treasurer] Director 
of Finance shall demand other surety in his place; and if 
the auctioneer shall neglect or refuse to give other secu- 
rity within three days after such demand is made his 
license shall thenceforth be null and void to all intents and 
purposes as if the same had never been granted, and the 
[City Treasurer] Director of Finance shall immediately 
give public notice thereof in two or more public newspapers 
published in said city. 

17. Partners and premises. 

Every auctioneer shall designate in writing his partner 
or partners, if any are engaged with him in his said busi- 
ness, and the houses or stores occupied by him for the 



110 ORDINANCES Ord. No. 20 

transaction of auction business, and shall deposit such 
writing with the [City Treasurer] Director of Finance, 
and if any auctioneer shall enter upon the duties of his 
office before so doing he shall be deemed guilty of a mis- 
demeanor, and on conviction shall be fined in a sum not 
exceeding five hundred dollars. The Mayor may, in his dis- 
cretion, prohibit, during his pleasure, the person convicted 
from acting as auctioneer. 

19. Same ; registry of horses. 

Every auctioneer appointed and licensed for the sale of 
horses shall keep a registry of all horses sold by him, speci- 
fying a description of the horse sold, the sum for which it 
sold, and the name and residence of the seller and buyer, 
and shall deposit such registry, with an oath of the truth 
thereof, at the end of each year with the [City Treasurer] 
Director of Finance. 

30. 

(e) Licensor shall mean the [City Treasurer] Director 
of Finance of Baltimore City. 

(f) Going Out of Business Sale shall mean and include 
any sale which is publicly advertised to be a termination 
of business by the owner or operator of said business, his 
agent or agents, or a cessation of the operation of said 
business, or a cessation of the operation of said business 
under its then known name, or a transfer to a new name, 
and shall include specifically, although not exclusively, 
"Quitting Business Sale," "Benefit of Creditors Sale," 
"Building Coming Down Sale," "Benefit of Trustees Sale," 
"Creditors Committee Sale," "Creditors Sale," "Forced Out 
Sale," "Assignee Sale," "Forced Out of Business Sale," 
"Insolvent Sale," "Liquidation Sale," "Loss of Lease Sale," 
"Mortgage Sale," "Outselling Sale," "Selling Out Sale," "We 
Quit Sale," "We Give Up Sale," "Fixtures for Sale," "Retir- 
ing Our Name Sale," "Changing Our Name Sale," and any 
other advertising or designation by any other expression or 
characterization closely similar to any of the foregoing 
and calculated to convey substantially the same meaning, all 
sales accompanied by notices or advertising indicating that 
the premises are available for purchase or lease, or are 



ORDINANCES 111 

otherwise to be vacated, all sales advertised in any manner 
calculated to convey to the public the information or belief 
that upon the disposal of the goods to be placed on sale the 
business being conducted at any location will cease, or be 
discontinued, or otherwise to be vacated or transferred, 
surrendered or [handled] handed over to a successor in 
business or conducted under a new name, any sale adver- 
tised or represented as anticipatory of, or to avoid the 
termination, liquidation, revision, wind-up, discontinu- 
ance, conclusion, dissolution or abandonment of the busi- 
ness conducted at any location. 

Sec. 2. And be it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved March 26, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 21 

(Council No. 76) 

An Ordinance to repeal Article 7 of the Baltimore City 
Code (1966 Edition), title "Escheat," and Article 8 of 
said Code, title "Finance," for the purpose of deleting 
from the Code certain obsolete material. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Article 7 of the Baltimore City Code 
(1966 Edition), title "Escheat", and Article 8 of said Code, 
title "Finance," be and they are hereby repealed. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 26, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



112 ORDINANCES Ord. No. 22 

No. 22 
(Council No. 79) 

An Ordinance to repeal and reordain, with amendments, 
Section 31(4) of Article 1 of the Baltimore City Code 
(1966 Edition), title "Mayor, City Council, and Municipal 
Agencies," subtitle "Civic Center Commission"; Section 
36 of said Article 1, subtitle "Commission on the Aging 
and Retirement Education", as amended by Ordinance 
261, 1973; Section 37(j), (k), (1), (m), (q) and (r) 
of said Article 1, subtitle "Commission for Historical 
and Architectural Preservation," as amended by Ordi- 
nance 939, 1967; Section 42(b) of said Article 1, sub- 
title "Urban Services," as amended by Ordinance 697, 
1974; Section 44 of said Article 1, subtitle "Condemna- 
tion," as amended by Ordinance 946, 1975; Section 47 of 
said Article 1, subtitle "Division of Medical Services"; 
Section 80 of said Article 1, subtitle "Property Acquisi- 
tion" ; Section 87 of said Article 1, subtitle "Public 
Buildings" ; Section 104 of said Article 1, subtitle "Seal" ; 
Section 111(c) and (d) of said Article 1, subtitle 
"Municipal Employee Relations," as enacted by Ordi- 
nance 251, 1968, and amended by Ordinance 318, 1968, 
Ordinance 670, 1970 and Ordinance 232, 1972; Section 
120 of said Article 1, said subtitle, as enacted by 
Ordinance 251, 1968 and amended by Ordinance 587, 
1969, Ordinance 503, 1973, and Ordinance 993, 1975; and 
Section 111 of said Article 1, subtitle "Department of 
Public Works," as enacted by Ordinance 1091, 1967; and 
to repeal Section 39 of said Article 1, subtitle "Commis- 
sion on Signs"; for the purpose of correcting certain 
references, clarifying certain language, and repealing a 
section declared invalid by decision of the Maryland Court 
of Appeals. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 31(4) of Article 1 of the Balti- 
more City Code (1966 Edition), title "Mayor, City Council, 
and Municipal A.ue-ncies," subtitle "Civic Center Commis- 
sion": Section 36 of said Article 1, subtitle "Commission 
on the Aging and Retirement Education", as amended by 
Ordinance 261, 1973; Section 37 of said Article 1, subtitle 
"Commission for Historical and Architectural Preserva- 



ORDINANCES 113 

tion," as amended by Ordinance 939, 1967; Section 42 of 
said Article 1, subtitle "Urban Services'', as amended by 
Ordinance 697, 1974 ; Section 44 of said Article 1, subtitle 
"Condemnation," as amended by Ordinance 946, 1975 ; Sec- 
tion 47 of said Article 1, subtitle "Division of Medical 
Services" ; Section 51 of said Article 1, subtitle "Economic 
Development Commission"; Section 80 of said Article 1, 
subtitle "Property Acquisition" ; Section 87 of said Article 
1, subtitle "Public Buildings"; Section 104 of said Article 1, 
subtitle "Seal"; Section 111 of said Article 1, subtitle 
"Municipal Employee Relations," as enacted and amended 
by Ordinance 251, 1968, Ordinance 318, 1968, Ordinance 
670, 1970 and Ordinance 232, 1972; and Section 111 of 
said Article 1, subtitle "Department of Public Works", 
enacted by Ordinance 1091, 1967, be and they are hereby 
repealed and reordained, with amendments, to read as 
follows : 

31(4). 

With the prior approval of the Board of Estimates, es- 
tablish fees, rentals or charges for the use or occupancy 
of the Civic Center, or any part thereof, and collect such 
fees, rentals or charges ; all such collections shall be turned 
over to the [Treasurer] Director of Finance of Baltimore 
City. 

36. 

The Commission is charged with the responsibility for 
assisting city agencies and departments in the coordina- 
tion of an effective program of services to and opportuni- 
ties for the elderly. This shall include (1) the coordination 
of existing City programs, (2) the recommendation of new 
programs, (3) the evaluation of current programs and 
proposed legislation to determine their impact [of] on the 
elderly, (4) the identification of federal and state funding 
for City programs to meet the needs of the elderly. The 
Commission shall promptly report to the Mayor on its 
findings concerning the programs and policies of the 
Mayor and City Council as reflected in the Ordinance of 
Estimates, other ordinances or administrative policies of 
municipal agencies. 



114 ORDINANCES Ord. No. 22 

The Commission shall hold hearings and undertake sur- 
veys and studies as appropriate to evaluate existing muni- 
cipal programs for the elderly and make recommendations 
for their improvement to the Mayor. The Commission shall 
evaluate the methods by which information concerning 
available municipal programs for the elderly is disseminated 
and make recommendations to the Mayor of means to im- 
prove such methods of dissemination. 

The Commission shall act as a representative of the 
Mayor and City Council in dealing with the private sector 
and with other governments in an effort to develop addi- 
tional public and private resources to provide better pro- 
grams for the elderly. 

The Commission shall render an annual report to the 
Mayor on its activities. 

37. 

(j) The Commission is hereby authorized and empow- 
ered upon recommendation of the Planning Commission 
of the Mayor and City Council of Baltimore and after mak- 
ing a full and proper study, to designate any area within the 
limits of Baltimore City (except the Mount Vernon His- 
torical and Architectural Preservation District as herein- 
after provided for) as a proposed Historical and Archi- 
tectural Preservation District and to determine the bound- 
ary lines of any such District. After any such area has 
been so designated and the boundary lines thereof have 
been determined as aforesaid, the Commission shall pre- 
prepare an ordinance in such manner and form as to set 
forth the area, and the boundary lines thereof, which it 
recommends be declared an Historical and Architectural 
Preservation District, and cause such ordinance to be 
introduced in the City Council for appropriate action. 
No such ordinance shall be passed upon by the City 
Council until the City Council has given notice that 
the particular proposal is pending and has held a hear- 
ing thereon, following for this purpose the requirements 
for notice 4 and hearing contained in Article [40] 30 of 
the Baltimore City Code, titled "Zoning.'' as in the case of 
proposals to change zoning classifications thereunder. No 






ORDINANCES 115 

area shall be deemed to be an Historical and Architectural 
Preservation District unless and until it has been so desig- 
nated by an ordinance passed by the City Council. 

(j-3) The Landmark List as compiled by the Commis- 
sion, and any subsequent additions thereto, shall be for- 
warded to the Planning Commission of Baltimore City and 
upon recommendation of the Planning Commission shall 
be submitted to the City Council for approval. No such 
approval shall be given by the City Council until it has 
given notice that the proposal is pending and has held a 
hearing thereon, following for this purpose the require- 
ments for notice and hearing contained in Article [40] 30 
of the Baltimore City Code, titled "Zoning," as in the case 
of proposals to change zoning classifications thereunder. 
No structure will be deemed to be included in the Land- 
mark List unless and until it has been so designated by 
approval of the City Council. 

(j-5) Copies of the Landmark List and Special List shall 
be available for public inspection in the [Bureau of Build- 
ing Inspection] Department of Housing and Community 
Development, the Department of Planning, [the Baltimore 
Urban Renewal and Housing Agency, the Bureau] the De- 
partment of Legislative Reference, and in the office of the 
Commission. 

(k)(l) Before any person or other legal entity com- 
mences any excavation, or the construction or erection of 
any building, fence, wall, or other structure of any kind, 
or commences any reconstruction, alteration, or removal 
of any exterior architectural feature, or commences any 
change in the exterior color by painting or other means, or 
commences any demolition of any structures now or here- 
after in any Historical and Architectural Preservation Dis- 
trict, or commences any reconstruction, alteration, or 
removal of any exterior architectural feature, or com- 
mences any change in the exterior color by painting or 
other means, or commences any demolition of any struc- 
tures now or hereafter appearing on the Landmark List or 
the Special List, such person or other legal entity shall 
submit an application for a permit to the [Building 
Inspection Engineer] Commissioner of Housing and Com- 
munity Development, and no work contemplated herein 
shall commence before the issuance of such permit. The 



116 ORDINANCES Ord. No. 22 

term "demolition" for the purposes of, and as used in, this 
subtitle shall include "demolition by neglect," which term 
shall mean willful neglect in the maintenance and/or re- 
pair of a building or structure, resulting in any of the 
following conditions : 

(1) The deterioration of any exterior architectural 
feature so as to create or permit the creation of a hazard- 
ous or unsafe condition. 

(2) The deterioration of exterior walls or other verti- 
cal supports. 

(3) The deterioration of roofs or other horizontal 
members. 

(4) The deterioration of exterior chimneys. 

(5) The deterioration or crumbling of exterior plaster 
or mortar. 

(6) The ineffective waterproofing of exterior walls, 
roofs and foundations, including broken windows and 
doors. 

(2) The [Building Inspection Engineer] Commis- 
sioner of Housing and Community Development, upon re- 
ceipt of such application for permit, shall forward the 
same, together with all plans and specifications relative 
thereto, to the Commission within five (5) days of receipt 
of such application (excluding Saturdays, Sundays and 
legal holidays). All plans, elevations and other information 
deemed necessary by the Commission to determine the 
appropriateness of the proposed excavation, construction 
or erection, reconstruction, alteration, removal of any ex- 
terior architectural feature, change in the exterior color 
by painting or other means, or demolition of any struc- 
tures shall be made available to the Commission. The 
Commission shall take no action until it determines that 
any application is complete and includes all necessary 
plans, elevations and other information as specified above. 

(3) The [Building Inspection Engineer] Commis- 
sioner of Housing unci Community Development shall not 
issue a permit for any excavation, any construction or 
erection of any building, fence, wall, or other structure of 
any kind; or for any removal of any external architec- 



ORDINANCES 117 

tural feature, or for any reconstruction, alteration, change 
of any exterior color by painting or other means, or for 
any demolition of any building or structure now or here- 
after in any Historical and Architectural Preservation 
District or on the Landmark List or the Special List, until 
the Commission either shall issue a Certificate of Appro- 
priateness or a Notice to Proceed, or shall proceed as 
hereinafter provided. 

(7) If the Commission determines that the proposed 
excavation, construction or erection, reconstruction, alter- 
ation, removal of an exterior architectural feature, change 
in exterior color, or demolition of any structures within 
said District, or on said Landmark List or on the Special 
List will be appropriate, or, although inappropriate with- 
out substantial detriment to the public welfare and without 
substantial derogation from the intent and purposes of this 
ordinance as aforesaid, the [Secretary] Executive Direc- 
tor of the Commission shall cause forthwith to be for- 
warded to the [Building Inspection Engineer] Commis- 
sioner of Housing and Community Development a 
Certificate of Appropriateness or a Notice to Proceed, as 
applicable, along with the application, plans and specifi- 
cations relative thereto. If the Commission determines that 
neither a Certificate of Appropriateness nor a Notice to 
Proceed shall be issued, the Commission shall forthwith 
spread upon its records the reason for such determination 
and may include a recommendation respecting the pro- 
posed excavation, construction or erection, reconstruction, 
alteration, removal of an exterior architectural feature, 
change in exterior color or demolition. Thereupon, the 
Commission shall cause the applicant and the [Building 
Inspection Engineer] Commissioner of Housing and Com- 
munity Development to be notified of such determination, 
transmitting to each of them an attested copy of the 
reasons and recommendations, if any, spread upon the 
records of the Commission. 

(8) The [Building Inspection Engineer] Commis- 
sioner of Housing and Community Development, upon the 
return to him of the application, plans and specifications 
relative thereto by the Commission, shall be bound by the 
determination of the Commission and approve, if in con- 
formance with other provisions of the Building Code, or 



118 ORDINANCES Ord. No. 22 

disapprove any application for the proposed excavation, 
const nut ion or erection, reconstruction, alteration, re- 
moval of an exterior architectural feature, change in exte- 
rior color, ov demolition of any building or structure, in 
an Historical and Architectural Preservation District or on 
the Landmark last In accordance with said determination. 

(9) If the Commission shall determine that the pro- 
I excavation, construction or erection, reconstruction, 
alteration, removal of an exterior architectural feature, 
change in exterior color, or demolition of any buildings or 
structures on the Special List shall be inappropriate, the 
Commission shall notify the [Building Inspection Engi- 
neer] Commissioner of Housing and Community Develop- 
ment in writing to postpone the issuance of the permit. 

(i) If the [Building Inspection Engineer] Commis- 
sioner of Housing nnd, Community Development is so noti- 
fied to postpone the issuance of the permit, he shall so 
postpone for a period not to exceed six months from the 
date of the notification of the determination by the Com- 
mission, or until notified by the Commission to issue the 
permit, whichever shall first occur. 

(ii) The Commission, within the period of postpone- 
ment, shall meet with the applicant for the permit and 
shall consult with civic groups, public agencies and inter- 
ested citizens to ascertain what the City may do to 
preserve such building. 

(1) Nothing in this section shall be construed to pre- 
vent any ordinary maintenance or repair of an exterior 
architectural feature now or hereafter in any Historical 
or Architectural Preservation District or on any building 
on the Landmark List or on the Special List, which involves 
no change in design, material, color or outward appear- 
ance thereof, nor shall anything in this section be con- 
strued to prevent the construction, reconstruction, altera- 
tion or demolition of any such feature while the [Building 
Inspection Engineer] Commissioner of Housing and Com- 
munity Development shall certify is required by the public 
safety because of an unsafe or dangerous condition. 

(m) Any person aggrieved by any decision of the Com- 
mission, may, within thirty (30) days after the [Building 
Inspection Engineer] Commissioner of Housing and Com- 



ORDINANCES 119 

munity Development has approved, disapproved, or delayed 
an application for a permit as provided for hereunder, 
appeal to the Baltimore City Court. The Court shall hear 
all pertinent evidence and shall affirm said decision, unless 
it finds the basis of such decision to be unwarranted by the 
evidence or insufficient in law, or shall make such other 
decree as justice may require. Any final decree of the Balti- 
more City Court in any such case shall be appealable to 
the Court of Appeals in the manner provided by law and 
rule of Court. 

(q) The Commission is hereby authorized and empow- 
ered, on [On] behalf of the Mayor and City Council of 
Baltimore and with the prior approval of the Board of 
Estimates, to contract with and/or accept any grant, loan 
or aid of any character from Federal, State or private 
sources, to be expended for the purposes contemplated by 
this ordinance, including but not limited to the making of 
surveys, and the acquisition, restoration and possible re- 
sale of properties of historical or architectural significance. 
Sums received from the resale of such properties, if per- 
mitted by the City Charter, may be retained by the Com- 
mission for the acquisition and restoration of additional 
properties. 

(r) There shall be appropriated in the annual Ordi- 
nance of Estimates a sum of money which may be ex- 
pended by the Commission for Historical and Architectural 
Preservation for or in connection with: (1) the prepara- 
tion of surveys of buildings and structures in Baltimore 
City; (2) the acquisition and/or restoration of buildings 
or structures of historical or architectural significance; or 
(3) an incentive improvement program under which the 
Commission may [construct] contract with the owner or 
lessee of a building or structure located in an Historical 
and Architectural Preservation District or on either the 
Landmark List or Special List to reimburse such owner or 
lessee up to twenty per cent (20%) of the actual cost 
incurred by him in the reconstruction, alteration, removal, 
repairs or painting of an exterior architectural feature in 
furtherance of the purposes of this ordinance, as deter- 
mined by the Commission. Provided, however, that no pay- 
ment shall be authorized by the Commission unless and 
until all of the work to be done and the estimated cost 



120 ORDINANCES Ord. No. 22 

thereof has been first approved by the Commission, and in 
any and all of such cases the Commission shall have the 
absolute right to determine the actual cost of said work. 

42. 

(b) Other employees. The Executive Director [shall 
employ such other persons as may be required to effectively 
administer], when employing such other persons as may 
be required, shall comply tvith the provisions of the Balti- 
more City Charter relating to Civil Service, Compensation 
of all persons so employed by the Agency and all other 
necessary expenses shall be paid at such rates and in such 
amounts as the Board of Estimates shall approve and in 
accordance with the annual Ordinance of Estimates of 
Baltimore. 

44. Notice to property owners ; hearing. 

At the time any ordinance is introduced into the City 
Council for the condemnation of any property, or any in- 
terest therein, by the Mayor and City Council of Baltimore, 
in accordance with [Article 21,] Title XII of the Real 
Property Article of the Annotated Code of Maryland [(1957 
Edition, 1973 Replacement Volume)], the department, 
bureau or agency by which the property would be used shall 
file with the Department of Public Works a complete list 
of all properties within the area proposed to be condemned. 
The Department of Public Works shall promptly notify the 
owners as shown on the records required to be kept by the 
Department of Public Works in accordance with Section 
42(c) of Article VII of the Charter of Baltimore City (1964 
[Edition with Amendments to July 1, 1973] Revision), 
title "Executive Departments", of all the parcels of prop- 
erty included within this area, of the introduction of the 
ordinance. The notice to property owners shall be mailed 
to the address shown for property owners in the assess- 
ment records, by ordinary United States mail, and no 
proof of delivery is necessary. The notice shall include the 
number of the ordinance, the name or general description 
of the project for which the property is condemned, and 
the place at which plats or other descriptive material may be 
seen. Also, the notice either shall give the date, time and 
place for the public hearing to be held on the ordinance by 



ORDINANCES 121 

the City Council or one of its committees, or it shall indicate 
the place or person from which or whom this information 
may be obtained. Such a hearing shall not be scheduled by 
the City Council or its committees within a shorter perkd 
than one week following the time the said property owners 
should ordinarily have received the mailed notice of the 
introduction of the ordinance. 

47. 

(1) Conduct medical examinations of all persons seek- 
ing employment as employees of the Mayor and City 
Council of Baltimore, of such other persons who are re- 
quired by [virtue of Section 14(a) of Article 22 of the 
Baltimore City Code (1966 Edition)] laiv to pass a physical 
examination and of such other persons as may be deter- 
mined from time to time by the Medical Advisory Com- 
mittee, hereinafter established, and maintain such medical 
records with respect to the same as the Civil Service 
Commission shall determine ; 

80. 

(a) In any [Any] and all parts of any and all ordi- 
nances in force in the City of Baltimore which authorize 
the City Solicitor of Baltimore City to acquire property on 
behalf of the Mayor and City Council of Baltimore, any 
reference therein to the City Solicitor of Baltimore City 
and to his power to acquire property is hereby changed to 
be a reference to the Director of Property Acquisition of 
Baltimore City ; and the said Director of Property Acquisi- 
tion of Baltimore City is hereby authorized and empowered 
so to acquire such property. 

87. 

The superintendent of any of the public buildings be- 
longing to and used by the municipal government of the 
city shall cause to be raised the American flag on the same 
on each and every legal holiday during the year, and also 
to be raised at halfmast on the 30th day of May (known 
as Memorial Day) [, as provided for in Section 24 of 
Article 24]. 



122 ORDINANCES Ord. No. 22 

104. 

Nothing in this subtitle shall be construed to prevent or 
affect the use of, by a resident of Baltimore City, a copy 
[of 1 ] or facsimile of the Seal of the Mayor and City Council 
of Baltimore, if it is affixed to a motor vehicle where a 
registration plate is normally placed and if such use is not 
prohibited by the Motor Vehicle Laws of the State of Mary- 
land. 



111c. 

'Employee' means any person holding a position in the 
service of the Mayor and City Council of Baltimore, re- 
quired by Section 110 of the Baltimore City Charter (1964 
Revision) to be classified, except that it shall not include 
those employees in the Department of Education who are 
included within the definition of 'Public School Employees' 
contained in Section 175(a) (2) of Article 77 of the Anno- 
tated Code of Maryland (1965 Replacement Volume) as 
amended by Chapter 483 of Laws of Maryland, 1968, and 
employees of the Police Department, [employees in the 
People's Court of Baltimore City, with the exception of 
those employees, whose classifications are common to other 
City departments,] part-time (other than regular part- 
time), seasonal, probationary, provisional or temporary 
employees, employees engaged in personnel work in other 
than a clerical capacity, and employees occupying positions 
which involve a relation of personal confidence between the 
one appointing and the one appointed; nor shall it include 
those classified employees whose salaries are established by 
any agency other than the Mayor and City Council ; in case 
of doubt, the Labor Commissioner shall determine who is an 
employee within the meaning of this ordinance. 

lll.d. 

"Employee organization" means any organization which 
admits municipal employees to membership, the primary 
purpose of which is to represent employees concerning 
terms and conditions of employment; but such term shall 
not include any organization which discriminates because 
of race, color, creed or national origin, with regard to the 
acquisition or retention of membership, or in accepting or 



ORDINANCES 123 

advancing members in any training, apprenticeship, or 
employment program [; n]. No ''employee organization" 
shall be certified as the representative of employees in a 
unit of professional and/or supervisory employees if such 
organization admits to membership or is affiliated in any 
way with an organization which admits to membership 
rank and file employees [. The provisions of this section] 
; hoivever, the provisions of this sentence shall not apply 
to employee organizations representing fire officers and 
registered nurses. 

120. Right of Check-off . 

Any employee organization certified as the exclusive 
representative of employees in a designated unit, upon the 
presentation of dues deduction or service fee authorization 
cards duly executed by individual employees in said unit, 
shall be entitled to have such employees' membership dues 
or service fees deducted from [his paycheck] their pay- 
checks and remitted to the designated employee organiza- 
tion ; such authorization shall be irrevocable for the period 
of one year, and automatically renewable from year to 
year thereafter, unless written notice of termination by the 
employee is given to the employer at least 30 days prior to 
the anniversary date. An employee organization shall be 
entitled to such dues or service fee deductions only in those 
units where said employee organization has been certified 
as the exclusive representative and only during the period 
that said employee organization continues to be so certified 
as the exclusive representative. 

111. 

There [is] are hereby established in the Department 
of Public Works the following Bureaus : 

(a) Bureau of Engineering 

(b) Bureau of [Utility] Operations 

(c) Bureau of [Inspection] Construction Management 

(d) Bureau of Consumer Services 

(e) Bureau of General Services. 



124 ORDINANCES Ord. No. 23 

Sec. 2. Ami be it further ordained^ That Section 39 of 
Article 1 of the Baltimore City Code (1966 Edition), title 
"Mayor, City Council, and Municipal Agencies," subtitle 
"Commission on Signs" be and it is hereby repealed. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 26, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 23 

(Council No. 155) 

An Ordinance authorizing and providing for the issuance 
from time to time, by The Mayor and City Council of 
Baltimore, Maryland of its revenue bonds, designated 
"Pollution Control Revenue Bonds (Baltimore Gas and 
Electric Company Project)" in an aggregate principal 
amount not exceeding $5,000,000 pursuant to the provi- 
sions of Sections 266A through 266-1, inclusive, of 
Article 41 of the Annotated Code of Maryland (1971 Re- 
placement Volume and 1975 Cumulative Supplement) in 
order to loan the proceeds to Baltimore Gas and Electric 
Company, a Maryland corporation, for the sole and ex- 
clusive purpose of financing the acquisition by such 
corporation of certain pollution control facilities in the 
City of Baltimore as provided in this ordinance ; making 
certain legislative findings, among others, concerning 
the public benefit and purpose of the revenue bonds; 
providing that such revenue bonds (a) shall be payable 
solely and only from revenue derived from payments by 
such corporation to the City on such loan and (b) shall 
not ever constitute, within the meaning of any consti- 
tutional or charter provision or otherwise (i) an indebt- 
edness of Mayor and City Council of Baltimore, or any 
other political subdivision or (ii) a charge against the 
general credit or taxing powers of such City; providing 
that this ordinance shall constitute a binding and en- 



ORDINANCES 125 

forceable commitment by such City to the aforesaid cor- 
poration to issue the revenue bonds so authorized; 
authorizing the private sale of such revenue bonds ; pro- 
viding that certain matters pertaining to such revenue 
bonds, including (without limitation) amounts and 
dates of any series of such revenue bonds, maturity or 
maturities, sinking fund requirements and redemption 
provisions, shall be determined administratively at or 
prior to the time of such private sale of any series of 
such revenue bonds by resolution of the City Council of 
Baltimore approved by the Mayor or Acting Mayor of 
Baltimore; delegating various matters to the Commis- 
sioners of Finance of the City, including (without limi- 
tation) the sale of any series of such revenue bonds, the 
establishment of the interest rate or rates at the time 
of such private sale and the appointment of a trustee to 
act under this ordinance as a trustee for all moneys 
received by the City hereunder ; providing that such City 
Council may determine administratively by resolution 
or by other appropriate action all other matters pertain- 
ing to the issuance, sale and delivery of any series of 
such revenue bonds, including (without limitation) the 
provisions of trust between the City and the trustee, 
the execution of a loan agreement between Baltimore Gas 
and Electric Company and the city, the creation of a 
loan or construction fund to be held by the trustee and 
provision for its disbursement, provision for the invest- 
ment of moneys held by the trustee, provision of reme- 
dies for bondholders in the event of default, and provis- 
sion for the enactment of supplemental ordinances and 
resolutions; and generally providing for and determin- 
ing various matters in connection with the authoriza- 
tion, issuance, security, sale and payment of such 
revenue bonds an4 related bond anticipation notes . 

RECITALS 

Sections 266A through 266-1, inclusive, of Article 41 of the 
Annotated Code of Maryland (1971 Replacement Volume 
and 1975 Cumulative Supplement), as re-enacted, with 
amendments, by Chapter 352 of the Laws of Maryland of 
1972 and as amended by Chapter 396 of the Laws of 
Maryland of 1973 and Chapter 342 of the Laws of Mary- 
land of 1975 (collectively, the "Enabling Legislation") 



126 ORDINANCES Ord. No. 23 

constitute those provisions of Maryland law authorizing 
the issuance of industrial revenue bonds by all the coun- 
ties and municipalities of the State of Maryland (the 
"State"). 

The Enabling Legislation now empowers the counties and 
municipalities of the State (including the Mayor and City 
Council of Baltimore) to issue revenue bonds and to loan 
the proceeds of the sale of such revenue bonds to a public 
service company to finance the acquisition by such pub- 
lic service company of pollution control facilities. The 
Enabling Legislation declares it to be the legislative pur- 
pose to relieve conditions of unemployment in the State, 
to encourage the increase of industry and a balanced 
economy in the State, to assist in the retention of exist- 
ing industry in the State through the control, reduction 
or abatement of pollution of the environment, to promote 
economic development, to protect natural resources and 
in this manner to promote the health, welfare, and 
safety of the residents of each of the counties and mu- 
nicipalities of the State. 

Mayor and City Council of Baltimore (the "City") has de- 
termined to issue and sell not exceeding $5,000,000 
aggregate principal amount of its revenue bonds, herein- 
after designated "Pollution Control Revenue Bonds (Bal- 
timore Gas & Electric Company Project)" (the "Bonds") 
and to loan the proceeds of such Bonds to Baltimore Gas 
& Electric Company, a Maryland corporation and a public 
service company as mentioned in the Enabling Legisla- 
tion (the "Corporation"), on the terms and conditions 
to be set forth in a loan agreement executed pursuant to 
this ordinance (the "Loan Agreement") in order to 
finance the Corporation's acquisition of certain pollu- 
M control facilities in the City as described below (the 
"Facilities"), to control, reduce and abate pollution of the 
environment of the State and of the City and thus to 
protect natural resources, to encourage economic devel- 
opment and to protect the health, welfare and safety of 
the citizens of this State and of this City: 

The Facilities consist of wastewater treatment systems lo- 
cated at the West port and Gould Street Electric Gener- 
ating Plants of the Corporation in the City of Baltimore, 
Maryland. These systems are to be installed to collect and 



ORDINANCES 127 

treat wastewater generated principally from washing, 
chemical cleaning, boiler blowdown, regeneration, ash 
sluicing and drainage. These systems include chemical 
treating tanks, settling basins, filters, sumps, pumps, pH 
adjustment facilities and related items designed to con- 
trol potential chemical effluent effects for the treatment 
of plant wastewaters prior to discharge into the Patap- 
sco River. 

The Corporation has developed estimates of the cost of 
acquisition of the Facilities based on existing pollution 
control technology and regulations together with pres- 
ently available studies, cost data and other relevant in- 
formation. Experience in the financing and acquisition 
of pollution control facilities has demonstrated that 
developing technology, changing requirements of Fed- 
eral and State regulatory agencies, utility development 
programs, changing economic circumstances and sub- 
stantial inflation in acquisition costs, among other mat- 
ters, often render the initial estimate of the cost of 
pollution control facilities inadequate. Accordingly, the 
City has determined to authorize the issuance of the 
Bonds in an amount exceeding the presently estimated 
cost of the acquisition of the Facilities, with the intention 
that no series of Bonds shall be issued pursuant to this 
ordinance in an amount in excess of the cost of the 
Facilities being financed by such Bonds as estimated at 
the time of the issuance of such Bonds. (Such cost may 
include, without limitation, underwriting discount, in- 
terest during construction, if any, and financing costs 
such as fees of attorneys, accountants and other con- 
sultants.) 

This ordinance authorizes a transaction which the Corpo- 
ration, a bona fide borrower, proposed to the City by a 
letter of intent submitted on February 27, 1976, in ac- 
cordance with Section 266B(d) of the Enabling Legis- 
lation. 

Section 1 . Be it ordained by the Mayor and City Council 
of Baltimore, that, acting pursuant to the Enabling Legis- 
lation, it is hereby found and determined, as follows : 

(1) The issuance of revenue bonds by the City pur- 
suant to the Enabling Legislation in order to loan the pro- 



128 ORDINANCES Ord. No. 23 

ceeds to the Corporation for the sole and exclusive purpose 
of acquiring pollution control facilities within the mean- 
ing of the Enabling Legislation will facilitate and expedite 
the acquisition of such pollution control facilities by the 
Corporation ; 

(2) The accomplishment of the transactions contem- 
plated and authorized by this ordinance, including (with- 
out limitation) the acquisition of the Facilities by the 
Corporation and the financing thereof will (a) promote 
the declared legislative purposes of the Enabling Legisla- 
tion through furtherance of the control, reduction or 
abatement of pollution of the environment and (b) facili- 
tate compliance with the requirements of Federal and State 
laws and regulations governing the control, reduction or 
abatement of pollution of the environment, and thus will 
(i) sustain jobs and employment, thereby relieving condi- 
tions of unemployment in the State and in the City; (ii) 
encourage the increase of industry and a balanced economy 
in the State and in the City; (iii) assist in the retention 
of existing industry in the State and in the City; (iv) 
promote economic development; (v) protect natural re- 
sources; and (vi) promote the health, welfare and safety 
of the residents of the City and of the State. 

(3) In addition to authorizing the City itself to 
acquire pollution control facilities and either to lease or to 
sell such facilities to a public service company, the Ena- 
bling Legislation, as an alternative procedure, authorizes 
pollution control financing to be accomplished in the form 
of a loan to the Corporation. The loan form of transaction 
avoids indirect costs and burden on the City by not requir- 
ing any direct involvement by the City in the construction, 
ownership or administration of such facilities; however, 
it permits controls to be imposed on the use of the proceeds 
of the Bonds to insure that the public purposes of the 
Enabling Legislation and the Bonds are fully accomplished. 
It is, therefore, in the best interests of the citizens of the 
City to finance the Facilities by a loan to the Corporation. 
This ordinance contemplates and authorizes a transaction 
in the form of a loan of the proceeds of the Bonds by the 
City to the Corporation, rather than a transaction in the 
form of a lease <>r sale of the Facilities. Accordingly, this 
ordinance and the Loan Agreement hereby authorized con- 



ORDINANCES 129 

tain such provisions as the City deems appropriate to effect 
the financing of the Facilities by the loan form of trans- 
action. 

(4) Neither the Bonds nor interest coupons issued 
under the authority of the Enabling Legislation constitute 
an indebtedness of the City or a charge against the gen- 
eral credit or taxing powers of the City within the mean- 
ing of any constitutional provision or provisions of the 
City Charter or statutory limitation and shall never con- 
stitute or give rise to any pecuniary liability of the City. 
The principal of and interest on the Bonds shall be payable 
from, and secured solely and only by a pledge of, the reve- 
nues derived from loan repayments under the Loan Agree- 
ment. The principal amount of the loan and the payments to 
be made by the Corporation pursuant to the Loan Agreement 
will be paid directly to, and will be disbursed by, the inde- 
pendent trustee appointed by the Commissioners of Fi- 
nance of the City pursuant hereto ; no such moneys will be 
commingled with the City's funds or be subject to the 
absolute control of the City but only to such limited super- 
vision and checks as are deemed necessary or desirable to 
insure that the nroceeds of the Bonds are used to accom- 
plish the public purposes of the Enabling Legislation and 
this ordinance. The Enabling Legislation provides that a 
loan form of transaction thereunder shall not constitute a 
capital project within the meaning of any charter or 
statutory provision. The public purposes expressed in the 
Enabling Legislation are intended to be achieved by facili- 
tating the acquisition of pollution control facilities by the 
Corporation. 

(5) The City will acquire no interest in the Facilities 
(ether than any interest in the Croporation's property 
shared by all holders of the Corporation's first mortgage 
bonds, in the event such bonds are delivered by the Corpo- 
ration in connection with these transactions), either on be- 
half of the City or for the purpose of creating any security 
for the Bonds, which security shall be solely and exclusively 
the absolute, irrevocable, unconditional obligation of the 
Corporation to make the payments required by the Loan 
Agreement as evidenced by the Corporation's pollution 
control notes, first mortgage bonds or other corporate 
obligations. Accordingly, this ordinance definitely fixes and 



130 ORDINANCES Ord. No. 23 

determines that the amount of revenue necessary to be set 
apart and applied to the payment of principal, interest and 
premium of the Bonds shall be the entire amount of the 
receipts and revenues of the City from the loan to the 
Corporation except for any rights of the City to indemni- 
fication and to payments for the City's administrative 
expenses. 

(6) (a) No part or proportion of the receipts and 
revenues of the City from the loan shall be set aside as a 
depreciation account (mentioned in the Enabling Legisla- 
tion) since neither the City nor the holders of Bonds de- 
sire, or are creating, any interest in the Facilities (other 
than any interest shared by all holders of the Corpora- 
tion's first mortgage bonds, if such bonds are delivered in 
connection with these transactions), and such a deprecia- 
tion account would (i) be inconsistent with the transac- 
tions authorized hereby and (ii) place an unreasonable 
burden on the Corporation so as to adversely affect the 
feasibility of the transactions and thus frustrate the legis- 
lative purposes of the Enabling Legislation and (b) a 
covenant such as that permitted by Section 266G(c) of the 
Enabling Legislation is similarly inconsistent with the 
form of transaction authorized hereby in which neither the 
City nor the Bondholders obtain or retain an interest in 
the Facilities (other than any interest shared by all holders 
of the Corporation's first mortgage bonds, if such bonds 
are delivered in connection with these transactions). Such 
a covenant is, therefore, a procedure which is not contem- 
plated by the Enabling Legislation in connection with this 
transaction. 

(7) Technology for the accomplishment of pollution 
control is now continually developing at a rapid rate in 
order to meet the pollution control requirements of Federal 
and State regulatory agencies having jurisdiction. These 
requirements themselves are in a state of development and 
refinement. Similarly, economic conditions and needs are 
in a state of continual change and adjustment, resulting 
in periodic re-evaluation of plans for utility development. 
The precise systems for the accomplishment of specific pol- 
lution control results are, therefore, subject to continuing 
review and refinement. Accordingly, the plans and specifi- 
cations for pollution control systems must be subject to 



ORDINANCES 131 

modification in order to best accomplish the legislative pur- 
pose within available technology, consistent with economic 
and development objectives of industry. 

Sec. 2. And be it further ordained* that this ordinance 
is intended to be, and shall constitute, a binding and en- 
forceable commitment by the City to the Corporation to 
issue and deliver the Bonds authorized hereby in accord- 
ance with the terms hereof. The City and the Corporation 
contemplate that the Corporation may proceed with the 
acquisition of the Facilities prior to the issuance and deliv- 
ery of the Bonds authorized hereby in reliance upon the 
enactment of this ordinance by the City. 

Sec. 3. And be it further ordained, that the issuance, 
sale and delivery of not exceeding $5,000,000 aggregate 
principal amount of revenue bonds, hereby designated 
"Pollution Control Revenue Bonds (Baltimore Gas & Elec- 
tric Company Project)", are hereby authorized, subject to 
the provisions of this ordinance, such Bonds to be solely 
and exclusively payable from, and secured by, the revenue 
derived from payments on the loan to the Corporation as 
provided herein. The aggregate principal amount of Bonds 
issued, sold and delivered pursuant to this ordinance shall 
not exceed §5,000,000 unless such amount shall be in- 
creased by an ordinance supplemental hereto. 

The City Council hereby recognizes the function of the 
Mayor and the Commissioners of Finance in making the 
executive and administrative determinations necessary for 
the issuance of bonds of the City. However, the Enabling 
Legislation constitutes a public general law of the State of 
Maryland to which the provisions of the Baltimore City 
Charter are subject. The Enabling Legislation, moreover, 
provides that the legislative body of the City shall make 
various determinations in connection with the authoriza- 
tion, issuance and sale of the Bonds. This ordinance, there- 
fore, provides that the City Council shall make certain 
administrative determinations in connection with the issu- 
ance and sale of the Bonds, such determinations to be 
effective only after approval by the Mayor or Acting Mayor. 
Thus, the purpose and intent of both the Baltimore City 
Charter and the Enabling Legislation will be accomplished 



132 ORDINANCES Ord. No. 23 

by requiring action of both the City Council and the Mayor 
or Acting Mayor to accomplish the final issuance and sale 
of the Bonds. 

The Bonds authorized by this ordinance may be issued in 
one or more series, and each such series shall be identified 
by a letter designation, so that the first series (if the issu- 
ance of more than one series of Bonds hereunder is then 
contemplated) shall be designated "Pollution Control Reve- 
nue Bonds (Baltimore Gas & Electric Company Project), 
Series A". The Bonds may be further identified by the year 
of issue or such other appropriate designation as the City 
Council may determine by resolution adopted prior to the 
delivery of the Bonds. The aggregate principal amount of 
Bonds to be issued pursuant to this ordinance at any one 
time shall be determined by the City Council by resolution 
adopted prior to the delivery of the Bonds. 

In the event more than one series of Bonds is issued 
hereunder, it is contemplated that a separate series (which 
may be evidenced by a single instrument) of pollution 
control notes, first mortgage bonds or other obligations of 
the Corporation (evidencing the obligation of the Corpo- 
ration to repay the loan from the City) be issued to 
correspond with, and secure, each such separate series of 
Bonds issued hereunder. 

The Bonds of a series of Bonds shall be dated as of the 
first day of the month next following the date on which 
such series of Bonds is sold unless the City Council shall 
specify a different date in its resolution hereinafter de- 
scribed. Such Bonds shall bear interest at an annual rate 
or rates payable semi-annually following the date of such 
series of Bonds so that, if the Bonds of a series are dated 
November 1, 1976, interest on that series of Bonds will be 
payable on May 1, 1977, November 1, 1977, and semi- 
annually thereafter. 

The Bonds of each series of Bonds issued hereunder shall 
mature on such date or dates as may be provided in the 
resolution of the City Council hereinafter described, but the 
last maturity of any such series of Bonds shall in no event 
exceed a period of twenty-five (25) years from the date of 
such series of Bonds. If the said resolution of the City 
Council hereinafter described does not provide any matu- 



ORDINANCES 133 

rity or maturities for a series of Bonds^ all of the Bonds of 
such series shall mature on the date twenty-five (25) years 
from the date of such series of Bonds. If the Bonds of a 
series are dated November 1, 1976, all the Bonds of that 
series will mature (in the absence of a resolution of the 
City Council determining otherwise) on November 1, 2001. 

Sec. 4. And be it further ordained, that, prior to the 
delivery of any series of Bonds, the City Council shall 
adopt a resolution or resolutions which shall prescribe (i) 
the principal amount of Bonds to be issued as a series at 
any one time, (ii) redemption provisions for such series of 
Bonds, and (iii) the sinking fund requirements, if any, 
for such series of Bonds. 

Prior to the delivery of any series of Bonds, the City 
Council may also adopt a resolution or resolutions which 
may prescribe (i) the date of issue of such series of Bonds, 
(ii) the maturity or maturities of such series of Bonds, 
(iii) any additional terms necessary or appropriate ro re- 
flect any matters provided by resolution and (iv) such 
other matters as may be deemed appropriate by the City 
Council. 

Any resolution or resolutions adopted pursuant to this 
section of this ordinance shall be deemed to be of an admin- 
istrative nature and shall be effective upon approval by the 
Mayor or Acting Mayor of the City. 

Sec. 5. And be it further ordained, that it is hereby 
found and determined that the best interests of the City 
will be served by selling the Bonds at private sale as 
authorized by the Enabling Legislation, upon the terms and 
conditions determined by the Commissioners of Finance as 
hereinafter authorized. 

Authority is hereby conferred on the Commissioners of 
Finance of the City to take the following actions and to 
make the following commitments on behalf of the City: 

(a) to prepare and distribute, in conjunction with rep- 
resentatives of the Corporation and the prospective under- 
writers for the Bonds, both a preliminary and a final official 
statement in connection with the sale of the Bonds; pro- 
vided, however, that any such preliminary official state- 



134 ORDINANCES Ord. No. 23 

ment shall be clearly marked to indicate that it is subject 
to completion and amendment; 

(b) to determine the date, time and place when an 
underwriting agreement shall be submitted by the under- 
writers for the Bonds, such underwriting agreement 
to specify the interest rate or rates proposed to be paid on 
the Bonds, the price at which such Bonds are to be sold to 
such underwriters, and such other matters as the under- 
writers and such Commissioners of Finance may deem 
necessary or desirable in order to effect the sale and deliv- 
ery of the Bonds ; 

(c) to determine the interest rate or rates to be paid by 
the City on the Bonds in accordance with the proposed 
underwriting agreement submitted by the underwriters 
for the Bonds, but only after the Corporation shall have 
given the City written approval of such rate or rates ; 

(d) to appoint a bank having trust powers, or a trust 
company, as trustee for the Bonds to be issued pursuant to 
this ordinance; and 

(e) in order to insure that such Bonds are issued with- 
out direct cost to the City, to provide for the payment, 
directly by the Corporation, of all costs, fees and expenses 
incurred by or on behalf of the City in connection with 
the issuance of the Bonds, such payments to include (with- 
out limitation) compensation to any persons performing 
services by or on behalf of the City in connection with the 
transactions contemplated by this ordinance. 

Authority is hereby conferred on the Mayor or Acting 
Mayor of the City to take the following actions and to 
make the following commitments on behalf of the City: 

(a) To execute and deliver a loan agreement by and 
between the City and the Corporation in the form deter- 
mined by resolution of the City Council approved by the 
Mayor or Acting Mayor as authorized by Section 7 of this 
ordinance; and 

(b) To execute and deliver, as a binding and enforce- 
able obligation of the City, the underwriting agreement for 
the Bonds by and between the City and the underwriters 
for the Bonds and to proceed to accomplish any and all 



ORDINANCES 135 

actions necessary or deemed appropriate by either of them 
to issue and deliver the Bonds to such underwriters in 
accordance with the provisions of this ordinance and the 
underwriting agreement. 

Sec. 6. And be it further ordained, that, in authorizing 
the sale of revenue Bonds to finance pollution control facili- 
ties for the Corporation pursuant to the Enabling Legisla- 
tion, the Mayor and City Council are hereby empowered to 
provide that the revenue bonds authorized by this ordi- 
nance and any revenue bonds authorized for such purpose 
by other ordinances, may be consolidated and sold as one 
or more issues or series of revenue bonds, without regard 
to the date of enactment of any ordinances authorizing the 
issuance of such revenue bonds. The aggregate principal 
amount of revenue bonds authorized by this ordinance may 
be increased, from time to time, and the description of the 
Facilities may be supplemented or modified by ordinances 
supplemental to this ordinance. Nothing contained in this 
ordinance is intended to require the adoption of an ordi- 
nance supplemental to this ordinance to authorize the 
deletion of any one or more items of the pollution control 
facilities constituting the Facilities. The Mayor and City 
Council are hereby expressly authorized, in their discre- 
tion and based upon their determinations from time to 
time, to omit any part of the Facilities from the pollution 
control facilities to be financed by revenue bonds issued 
pursuant to this ordinance. It is the purpose and intent of 
this section that the Mayor and City council be afforded 
broad discretion in the structuring and scheduling of reve- 
nue bond issues, whether authorized by this ordinance or 
otherwise, to finance pollution control facilities for the 
Corporation in order that the public purposes of the 
Enabling Legislation and this ordinance may be realized. 

Sec. 7. And be it further ordainea\ that, prior to the 
sale of any series of Bonds, the City Council may (without 
limitation) determine administratively by resolution or by 
other appropriate action : 

(1) the provisions of trust between the City and the 
trustee ; 



136 ORDINANCES Ord. No. 23 

(2) the manner of execution, authentication, registra- 
tion and transfer of the Bonds ; 

(3) provisions for authentication and delivery of the 
Bonds; 

(4) the provisions of the Loan Agreement between the 
City and the Corporation ; 

(5) the terms of the pollution control note, first mort- 
gage bonds or other evidence of the obligation of the Cor- 
poration issued for each series of Bonds ; 

(6) provisions for creation, holding and disbursement 
of an escrow fund to be held by the trustee ; 

(7) provisions for creation, holding and disbursement 
of any other funds and accounts to be held by the trustee; 

(8) provisions for the application of receipts and reve- 
nues from the Corporation; 

(9) provisions for the security for and investment of 
moneys held by the trustee ; 

(10) the details of the procedure for the redemption 
of the Bonds ; 

(11) remedies for holders of the Bonds in the event of 
default ; 

(12) the duties, rights and immunities of the trustee; 

(13) the manner of execution of instruments by hold- 
ers of the Bonds and the method of proof of ownership 
of the Bonds ; 

(14) provisions for modification of this ordinance, the 
Loan Agreement and any resolution or other action of the 
Mayor, City Council and Commissioners of Finance pertain- 
ing to the Bonds; 

(15) provisions for defeasance; 

(16) the forms of the Bonds, coupons and the trustee's 
authentication certificate; and 

(17) such other matters in connection with the au- 
thorization, issuance, security, sale and payment of the 
Bonds as may be deemed appropriate by the City Council. 



ORDINANCES 137 

Any resolution or resolutions adopted pursuant to this 
ordinance shall be deemed to be of an administrative na- 
ture and shall be effective upon approval by the Mayor or 
Acting Mayor of the City. 

Sec. 8. And be it further ordained, that the provisions 
of this ordinance are severable, and if any provision, sen- 
tence, clause, section or part thereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitution- 
ality, or inapplicability shall not affect or impair any of 
the remaining provisions, sentences, clauses, sections or 
parts of the ordinance or their application to other per- 
sons or circumstances. It is hereby declared to be the 
legislative intent that this ordinance would have been 
adopted if such illegal, invalid or unconstitutional provi- 
sion, sentence, clause, section or part had not been in- 
cluded therein, and if the person or circumstances to which 
the ordinance or any part thereof is inapplicable had been 
specifically exempted therefrom. 

Sec. 9. And be it further ordained, that this ordinance 
shall take effect from the date of its passage. 

Approved March 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 24 
(Council No. 19) 

An Ordinance authorizing the release and surrender by 
the Mayor and City Council of Baltimore of all of its 
interest in and to the portion of a 20 foot right of way 
heretofore granted to the City of Baltimore through 
property known as the General Refractories Company. 
The use of said right of way is no longer needed for public 
purposes. 

Whereas, by Agreement dated February 7, 1928 and 
recorded among the Land Records of Baltimore City in 



138 ORDINANCES Ord. No. 24 

Liber S.C.L. No. 4851 folio 262, the General Refractories 
Company granted unto the Mayor and City Council of Bal- 
timore the rights of way therein more particularly described 
and shown on a plat recorded with said Agreement, dated 
May 17, 1926 ; B.S. 40-21970 ; and 

Whereas, the portion of said right of way hereinafter 
described is no longer needed for public use and the public 
utility to be constructed within this portion of said right of 
way hereinafter described is to be abandoned and will be 
relocated in another right of way now vested in the City 
of Baltimore ; therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be and 
he is hereby authorized on behalf of the Mayor and City 
Council of Baltimore to execute and deliver unto the owner 
or owners of the land within the right of way hereinafter 
described, a release and surrender of all of the interest of 
the City of Baltimore in and to the portion of the right of 
way described as follows: 

BEGINNING for the same at a point on the northwest 
side of Eighth Street, 70 feet wide, distant 759.3 feet north- 
easterly measured along the northwest side of said Eighth 
Street from the northeast side of Patapsco Avenue, 100 feet 
wide, as shown on a plat to Accompany Agreement for 
Right of Way for Sewers and Drains thru the Property of 
General Refractories Company numbered B.S. 40-21970 
dated May 17, 1926 and recorded among the Land Records 
of Baltimore City in Liber S.C.L. No. 4854 Folio 262 and 
running thence binding on the southwest, south and south- 
east outlines of the right of way shown on said plat the three 
following courses and distances ; namely, North 68°-25'-00" 
West 212.5 feet, South 84°-48'-00" West 47.54 feet and 
South 21°-40'-00" West 541 feet, more or less, to the north 
side of a proposed 20 foot right of way, as shown on a Plat 
numbered R.W. 20-35541 and dated October 1, 1975; thence 
binding on the line of the north side of said proposed right 
of way if projected westerly, North 80 o -44 , -30 ,, West 22 
feet, more or less, to intersect the northwest outline of the 
right of way shown on the Plat metioned firstly herein; 
thence binding on the northwest and northeast outlines of 
the right of way shown on the Plat mentioned firstly herein, 



ORDINANCES 139 

the three following courses and distances; namely, North- 
easterly 12 feet, more or less, North 21 o -40'-00 / ' East 578.28 
feet and South 68°-25'-00" East 273.51 feet to intersect 
the northwest side of said Eighth Street and thence binding 
on the northwest side of said Eighth Street, South 21°-35'- 
00" West 20 feet to the place of beginning. 

The use of said right of way is no longer needed for 
public purposes. 

Sec. 2. And be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
first been approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 1, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 25 
(Council No. 20) 

An Ordinance to amend Sheets 46 and 56 of the Zoning 
District Maps of Article 30 of the Baltimore City Code 
(1966 Edition), title "Zoning", (Ordinance No. 1051, 
approved April 20, 1971) by (1) changing from the 
R-9 to B-2-2 Zoning District a portion of the properties 
formerly known as 1111 through 1117 Monument Street 
as outlined in red on the plat accompanying this ordi- 
nance; (2) changing from the R-10 to the B-2-2 Zoning 
District the area west of Central Avenue, south of Mon- 
ument Street, north of Somerset Homes and east of a 
line approximately 160 feet west of Central Avenue as 
outlined in green on the plat accompanying this ordi- 
nance; (3) changing from the R-9 to the B-3-3 Zoning 
District the properties known as 885-889 Greenmount Ave- 
nue and 709-711 Eager Street as outlined in blue on the 
plat accompanying this ordinance ; and (4) changing from 



140 ORDINANCES Ord. No. 25 

the B-3-2 to the M-2-3 Zoning District the property 
known as 421 Exeter Street as outlined in yellow on the 
plat accompanying this ordinance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheets 46 and 56 of the Zoning Districts 
Maps of Article 30 of the Baltimore City Code (1966 Edi- 
tion), title "Zoning", (Ordinance No. 1051, approved April 
10, 1971) be and they are hereby amended by (1) changing 
from the R-9 to the B-2-2 Zoning District a portion of the 
properties formerly known as 1111 through 1117 Monu- 
ment Street as outlined in red on the plat accompanying this 
ordinance; (2) changing from the R-10 to the B-2-2 Zoning 
District the area west of Central Avenue, south of Monu- 
ment Street, north of Somerset Homes and east of a line 
approximately 160 feet west of Central Avenue as outlined 
in green on the plat accompanying this ordinance; (3) 
changing from the R-9 to the B-3-3 Zoning District the 
properties known as 885-889 Greenmount Avenue and 
709-711 Eager Street as outlined in blue on the plat accom- 
panying this ordinance; and (4) changing from the B-3-2 to 
the M-2-3 Zoning District the property known as 421 
Exeter Street as outlined in yellow on the plat accompanying 
this ordinance. 

Sec. 2. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the plat which is a part hereof and in order to 
give notice of the Departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the 
ordinance he shall sign the plat. The City Treasurer shall 
then transmit a copy of the ordinance and one of the plats 
to the following: the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development, and 
the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect on the date of its passage. 

Approved April 1, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 141 

No. 26 
(Council No. 119) 

An Ordinance to comply with the requirements of Sections 
4.8-ld and 11.0-6d of Article 30, title "The Zoning Ordi- 
nance of Baltimore City" (Ordinance 1051 of 1971) and 
Section 1 of Article 12, title "Hospitals," of the Baltimore 
City Code (1966 Edition), and to authorize the estab- 
lishment of a nursing home (domiciliary care) by 
Church Home and Hospital on the premises known as 
101 N. Bond Street, subject to final licensure by the 
State Department of Health and Mental Hygiene. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That in compliance with the provisions of 
Sections 4.8-ld and 11.0-6d of Article 30, title "The Zoning 
Ordinance of Baltimore City" (Ordinance 1051 of 1971) and 
Section 1 of Article 12, title "Hospitals," of the Baltimore 
City Code (1966 Edition), the assent of the Mayor and City 
Council of Baltimore is given to Church Home and Hospital 
for the establishment of a nursing home (domiciliary care) 
on the premises located at 101 N. Bond Street, subject to 
final licensure by the State Department of Health and 
Mental Hygiene. 

All ordinances and regulations of the Mayor and City 
Council of Baltimore shall be complied with in the estab- 
lishment and operation of this nursing home. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 1, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



142 ORDINANCES Ord. No. 27 

No. 27 
(Council No. 141) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Twenty-Six Thousand 
Dollars ($26,000) to the Commission for Historic and 
Architectural Preservation to be used for a preliminary 
field survey of the entire City of Baltimore to locate, 
identify and record those sites which are deemed to be 
historically, archaeologically and/or architecturally 
significant, in accordance with the provisions of Article 
VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of the formulation 
of the 1975-1976 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
4th day of February, 1976, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Twenty-six Thousand Dollars 
($26,000) shall be made available to the Commission for 
Historic and Architectural Preservation of the City of Bal- 
timore as a supplementary special fund appropriation for 
the fiscal year ending June 30, 1977 for the purpose of a 
preliminary field survey of the entire City of Baltimore to 
locate, identify and record those sites which are deemed 
to be historically, archaeologically and/or architecturally 
significant. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by The Maryland Historical Trust, said sum being 
specifically allotted to the Mayor and City Council of Balti- 



ORDINANCES 143 

more for the aforesaid purpose; and said funds from said 
The Maryland Historical Trust shall be the source of revenue 
for this supplementary special fund appropriation, as re- 
quired by Article VI, Section 2(h)(2) of the 1964 revised 
Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 1, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 28 
(Council No. 161) 

An Ordinance to add new Section 234 (Ilia) to Article 31 
of the Baltimore City Code (1966 Edition), title "Tran- 
sit and Traffic," subtitle "Parking and Stopping," pro- 
viding for 15 minute parking for vehicles transporting 
blood on the east side of Charles Street north of 27th 
Street. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 234 (Ilia) be and it is 
hereby added to Article 31 of the Baltimore City Code (1966 
Edition), title "Transit and Traffic," subtitle "Parking 
and Stopping," to read as follows : 

2SU 

(Ilia) Charles Street, east side, from 27th Street to 
a point approximately 30' northerly therefrom — 15 minute 
parking for vehicles transporting blood. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 1, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



1 1 1 ORDINANCES Ord. No. 30 

No. 29 
(Council No. 162) 

An Ordinance to add new Section 256(73) to Article 31 of 
the Baltimore City Code (1966 Edition), title "Transit 
and Traffic," subtitle "Parking and Stopping," providing 
for reserved parking in front of 1233 William Street for 
Claude Wright. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 256(73) be and it is hereby- 
added to Article 31 of the Baltimore City Code (1966 
Edition), title "Transit and Traffic," subtitle "Parking 
and Stopping," to read as follows: 

256. 

(73) William Street, east side, in front of 1233 William 
Street — Parking reserved for Claude Wright. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 1, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 30 

(Council No. 163) 

An Ordinance to add new Section 248 (99a) to Article 31 
of the Baltimore City Code (1966 Edition), title "Transit 
and Traffic," subtitle "Parking and Stopping," providing 
for reserved parking on Plum Street near Pennington 
Avenue for Lorraine Rodgers. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 248 (99a) be and it is 
hereby added to Article 31 of the Baltimore City Code 
(1966 Edition), title "Transit and Traffic," subtitle "Park- 
ing and Stopping," to read as follows : 



ORDINANCES 145 



248. 



(99a) Plum Street, east side, from Pennington Avenue 
to a point 38' east of Pennington Avenue — Parking reserved 

for Lorraine Rodgers. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 1, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 31 

(Council No. 173) 

An Ordinance to add new Section 234(157a-l) to Article 
31 of the Baltimore City Code (1966 Edition), title 
"Transit and Traffic," subtitle "Parking and Stopping," 
providing for reserved parking for disabled persons on 
the Service Drive at the entrance to the D Building of 
City Hospitals. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 234(157a-l) be and it is 
hereby added to Article 31 of the Baltimore City Code (1966 
Edition), title "Transit and Traffic," subtitle "Parking 
and Stopping," to read as follows : 

2Sh 

(157a-l) City Hospital Area, for a distance of 18' on the 
north side of the Service Drive immediately adjacent to the 
entrance to "D" Building of City Hospitals, parking re- 
served for disabled persons displaying City Hospital permit. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 1, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



146 ORDINANCES Ord. No. 32 

No. 32 
(Council No. 34) 

An Ordinance providing for the transfer of general funds 
to the Department of Housing and Community Develop- 
ment from the Economic Development Commission Pro- 
gram 577 in the amount of One Hundred Forty-three 
Thousand Two Hundred Forty-seven Dollars ($143,247) 
and from the Baltimore Industrial Development Corpo- 
ration Program 573 in the amount of One Hundred 
Ninety-three Thousand Five Hundred Dollars ($193,500), 
in accordance with Article VI, Section 2(i)(2) of the 
Baltimore City Charter (1964 Revision as amended) ; 
and providing further for the transfer of all expendi- 
tures against said appropriations to the Department of 
Housing and Community Development. 

Whereas, the Fiscal 1976 Ordinance of Estimates ap- 
propriated general funds for the Economic Development 
Commission Program 577 and for the Baltimore Industrial 
Development Corporation Program 573 in the amounts of 
One Hundred Forty-three Thousand Two Hundred Forty- 
seven Dollars ($143,247) and One Hundred Ninety-three 
Thousand Five Hundred Dollars ($193,500), respectively; 
and 

Whereas, Ordinance 1022 (November 24, 1975) trans- 
ferred all duties, responsibilities and personnel of the 
Economic Development Commission to the Department of 
Housing and Community Development; and further trans- 
ferred powers set forth in Article II, Section 15A of the 
Charter of Baltimore City (1964 revision as amended) from 
the Baltimore Industrial Development Corporation to the 
Department of Housing and Community Development ; and 

Whereas, the transfer of funds ordained herein shall be 
made as recommended to the City Council by the 
Board of Estimates, said recommendation having been 
made at a regular meeting of said Board held on the 31st 
day of December 1975, all in accordance with Article VI, 
Section 2(i)(2) of the revised Charter of Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 



ORDINANCES 147 

tion 2(i) (2) of the 1964 revised Charter of Baltimore City 
(as amended) and pursuant to Ordinance 1022 (November 
24, 1975), the sum of One Hundred Forty-three Thousand 
Two Hundred Forty-seven Dollars ($143,247) appropriated 
in the Fiscal 1976 Ordinance of Estimates, for the Eco- 
nomic Development Commission Program 577 and the sum 
of One Hundred Ninety-three Thousand Five Hundred 
Dollars ($193,500) appropriated in the Fiscal 1976 Ordi- 
nance of Estimates for the Baltimore Industrial Develop- 
ment Corporation Program 573 shall be transferred to the 
Department of Housing and Community Development; 
and, further, that all expenditures against said appropria- 
tions shall be transferred to the Department of Housing 
and Community Development. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 7, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 33 
(Council No. 35) 

An Ordinance to amend Sheet No. 24 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 
Edition), title "Zoning," (Ordinance No. 1051, approved 
April 20, 1971) by changing from the R-7 Zoning Dis- 
trict to the M-l-1 Zoning District the property lying on 
the south side of Cox Street west of Conduit Avenue, 
as outlined in red on the plats accompanying this ordi- 
nance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 24 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 
Edition), title "Zoning," (Ordinance No. 1051, approved 
April 20, 1971) be and it is hereby amended by changing 
from the R-7 Zoning District to the M-l-1 Zoning Dis- 



148 ORDINANCES Ord. No. 31 

trict the property lying on the south side of Cox Street 
west of Conduit Avenue, as outlined in red on the plats 
accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof, and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat, and when the Mayor approves the ordi- 
nance he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to 
the following: the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development, the 
Commissioner of Transit and Traffic, and the Zoning 
Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved April 19, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 34 
(Council No. 72) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Fifteen Thousand Dol- 
lars ($15,000) to the Department of Planning to be used 
for a joint study with the State Department of Natural 
Resources of the City's coastal area, in accordance with 
the provisions of Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of the formulation 
of the r.)7.~)-1976 Ordinance of Estimates; and 



ORDINANCES 149 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
Fourteenth day of January, 1976, all in accordance with 
Article VI, Section 2(h)(2) of the 1964 revised Charter 
of Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore,, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Fifteen Thousand Dollars ($15,- 
000) shall be made available to the Department of Plan- 
ning of the City of Baltimore as a supplementary special 
fund appropriation for the fiscal year ending June 30, 1976 
for the purpose of a joint study with the State Department 
of Natural Resources of the City's coastal area. The amount 
thus made available as a supplementary special fund appro- 
pi iation shall be expended from a grant of funds to the 
Mayor and City Council of Baltimore by the State of 
Maryland, said sum being specifically alloted to the Mayor 
and City Council of Baltimore for the aforesaid purpose; 
and said funds from said State of Maryland shall be the 
source of revenue for this supplementary special fund 
appropriation, as required by Article VI, Section 2(h)(2) 
of the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 19, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 35 
(Council No. 88) 

An Ordinance authorizing the release and surrender by the 
Mayor and City Council of Baltimore of all its interest 
in and to the portion of a 20 foot right of way hereto- 



150 ORDINANCES Ord. No. 35 

fore granted to the City of Baltimore through property 
known as r>000 Sinclair Lane. The use of said right of 
way is no longer needed for public purposes. 

Whereas, by Agreements dated January 13, 1931 and 
January 28, 1931 and recorded among the Land Records of 
Baltimore City in Liber S.C.L. No. 5207 folio 299 and 
S.C.L. 5207 folio 269 certain right of ways were granted 
unto the Mayor and City Council of Baltimore the rights of 
way therein more particularly described and shown on the 
plats recorded with said Agreements dated December 29, 
1930 and January 5, 1931 ; B.S. 20-26816 and B.S. 30-26829 ; 
and 

Whereas, the portion of said right of way hereinafter 
described is no longer needed for public use and the public 
utility to be constructed within this portion of said right 
of way hereinafter described is to be abandoned and will 
be relocated in another right of way now vested in the 
City of Baltimore ; therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be and 
he is hereby authorized on behalf of the Mayor and City 
Council of Baltimore to execute and deliver unto the owner 
or owners of the land within the right of way hereinafter 
described, a release and surrender of all of the interest of 
the City of Baltimore in and to the portion of the right of 
way described as follows : 

Beginning for the same the three following courses and 
distances from the point formed by the intersection of the 
northernmost side of Sinclair Lane (140 feet wide) with 
the westernmost side of Goodnow Road (50 feet wide) 
south 68 degrees 23 minutes 30 seconds west 346.58 feet 
binding on the northernmost side of said Sinclair Lane, 
north 21 degrees 36 minutes 20 seconds west 35.60 feet 
binding on the easternmost side of a 20 foot right of way 
for sewers as shown on Drawing B.S. 30-26829 and north 5 
degrees 11 minutes 20 seconds west 28.95 feet to the point 
of beginning of this description, thence binding on the 
easternmost side of said 20 foot right of way as shown on 
said Drawing and Drawing B.S. 20-26816 the two following 
courses and distances, north 5 degrees 41 minutes 20 sec- 
onds west 131.65 feet and north 2 degrees 37 minutes 00 



ORDINANCES 151 

seconds east 252.46 feet, thence crossing said 20 foot wide 
right of way north 25 degrees 27 minutes 20 seconds west 
42.50 feet to the westernmost side of said 20 foot wide 
right of way, thence binding on the westernmost side of 
said 20 foot wide right of way the two following courses 
and distances, south 2 degrees 37 minutes 00 seconds west 
291.41 feet and south 5 degrees 41 minutes 20 seconds 
east 163.15 feet, thence crossing said 20 foot wide right of 
way north 30 degrees 47 minutes 30 seconds east 33.63 feet 
to the place of beginning, as shown on a plat numbered 
R.W. 30-35545 and filed in the office of the Department 
of Public Works. 

BEING part of an existing 20 foot wide right of way for 
sewers through the property of The Cosmo Company as 
shown on Drawings B.S. 30-26829 and B.S. 20-26816. 

The use of said portion of said right of ways is no longer 
needed for public purposes. 

Sec. 2. And be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
first been approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 19, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 36 
(Council No. 172) 

An Ordinance authorizing and providing for the issuance 
by the Mayor and City Council of Baltimore, Maryland 
of its revenue bonds, designated "Industrial Development 
Revenue Bonds (Lifschultz Fast Freight Project), 1976 
Series," in the aggregate principal amount of not exceed- 
ing $400,000 pursuant to the provisions of Sections 266A 
to 266-1, inclusive, of Article 41 of the Annotated Code 



152 ORDINANCES Ord. No. 36 

of Maryland (1971 Replacement Volume, as amended) 
in order to loan the proceeds to Lifschultz Fast Freight, 
Inc., a Delaware corporation, for the sole and exclusive 
purpose of financing the acquisition and construction by 
such corporation of a freight terminal and warehouse in 
the City of Baltimore as provided in this ordinance; 
making certain legislative findings, among others, con- 
cerning the public benefit and purpose of the revenue 
bonds; providing that such revenue bonds (a) shall be 
payable solely and only from revenue derived from pay- 
ments by such corporation to the City on the loan and 
(b) shall not ever constitute, within the meaning of any 
constitutional or charter provision or otherwise (i) an 
indebtedness of the City of Baltimore, Maryland or any 
other political subdivision or (ii) a charge against the 
general credit or taxing powers of such City; prescribing 
the terms, conditions, security, form and tenor of such 
bonds; authorizing the private sale of such bonds; pro- 
viding that certain matters pertaining to such revenue 
bonds, including (without limitation) interest rate, re- 
demption provisions, appointment of a trustee, form of 
official statement and bond purchase agreement, shall be 
determined at the time of such private sale by resolu- 
tion of the Commissioners of Finance; providing for the 
authentication and delivery thereof; creating a con- 
struction fund and bond fund to be held by the trustee; 
providing for the investment of moneys held by the 
trustee; providing remedies for bondholders in the event 
of default; providing for the enactment of supplemental 
ordinances; and generally providing for and determining 
various matters in connection with the authorization, 
issuance, security, sale and payment of such revenue 
bonds. 

RECITALS 

Sections 266A to 266-1, inclusive, of Article 41 of the 
Annotated Code of Maryland (1971 Replacement Volume, 
as amended) (the "Act") now empower all the counties 
and municipalities of the State of Maryland to issue 
revenue bonds and to loan the proceeds of the sale of such 
revenue bonds to an industrial concern to finance the 
acquisition by such industrial concern of manufacturing 



ORDINANCES 153 

and processing facilities. The Act declares it to be the 
legislative purpose to relieve conditions of unemployment 
in the State, to encourage the increase of industry and a 
balanced economy in the State, to promote economic de- 
velopment and in this manner to promote the health, 
welfare and safety of the residents of each of the counties 
and municipalities of the State of Maryland. 

The Mayor and City Council of Baltimore (the "City") 
has determined to issue and sell not exceeding $400,000 
principal amount of its "Industrial Development Revenue 
Bonds (Lifschultz Fast Freight Project), 1976 Series," 
(the "Bonds") and to loan the proceeds of such Bonds to 
Lifschultz Fast Freight, Inc., a Delaware corporation 
(the "Industry") and an industrial concern as mentioned 
in the Act, on the terms and conditions set forth in the 
Loan Agreement provided by this ordinance, in order to 
finance the Industry's acquisition and construction of a 
freight terminal and warehouse (the "Industrial Facili- 
ties") at Development Area No. 5, Quad Avenue Indus- 
trial Park (the "Property") in the City of Baltimore to 
relieve conditions of unemployment in the State of Mary- 
land and in the City, to promote economic development 
and to promote the health, welfare and safety of the citi- 
zens of this State and this City. 

This ordinance authorizes and consummates a trans- 
action which the Industry proposed to the City in ac- 
cordance with Section 266B(d) of the Act by a letter of 
intent dated June 25, 1975. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That, acting pursuant to the Act, it is hereby 
found and determined, as follows: 

(1) The issuance of revenue bonds by the City pursuant 
to the Act in order to loan the proceeds to the Industry for 
the sole and exclusive purpose of acquiring the Property 
and constructing thereon an industrial building within the 
meaning of the Act will facilitate and expedite the acquisi- 
tion, construction, installation and equipping of such an 
industrial building by the Industry; 

(2) The acquisition of the Industrial Facilities by the 
Industry and the financing thereof provided in this ordi- 



154 ORDINANCES Ord. No. 36 

nance will promote the declared legislative purposes of the 
Act in that they will (a) sustain jobs and employment op- 
portunities and aid in maintaining employment, thus re- 
lieving conditions of unemployment in the State of Mary- 
land and in the City; (b) encourage the increase of industry 
and a balanced economy in the State of Maryland and in 
the City; (c) assist in the retention of existing industry in 
the State of Maryland and in the City; (d) promote 
economic development; and (e) promote the health, welfare 
and safety of the residents of the City of Baltimore and of 
the State of Maryland. 

(3) The Act authorizes industrial development financing 
to be accomplished in the form of a loan to the Industry. The 
loan form of transaction avoids indirect costs and burden 
on the City by not requiring any direct involvement by the 
City in the construction ownership or administration of the 
Industrial Facilities; it permits, however, ample controls to 
be imposed on the use of the Bond proceeds to insure that 
the public purposes of the Act and the revenue bonds are 
fully accomplished. It is, therefore, in the best interests of 
the citizens of the City of Baltimore, Maryland, to finance 
the Industrial Facilities by a loan to the Industry. This 
ordinance contemplates and authorizes a transaction in the 
form of a loan of the revenue Bond proceeds by the City to 
the Industry, rather than an alternative form of trans- 
action. Accordingly, this ordinance, together with the Loan 
Agreement authorized hereby, contains such provisions as 
the City deems appropriate to effect the financing of the 
Industrial Facilities by the loan form of transaction. 

(4) Neither Bonds nor interest coupons issued under 
the authority of the Act constitute an indebtedness of the 
City or a charge against the general credit or taxing powers 
of the City within the meaning of any constitutional pro- 
vision or provision of the City Charter or statutory limi- 
tation and shall never constitute or give rise to any 
pecuniary liability of the City. The principal amount of the 
loan and the payments to be made by the Industry pursuant 
to the Loan Agreement authorized hereby will be paid 
directly to, and will be disbursed by the independent Trustee 
appointed to act as trustee hereunder; no such moneys will 
be commingled with the City's funds or will be subject to 
the absolute control of the City but only to such limited 



ORDINANCES 155 

supervision and checks as are deemed necessary or desirable 
to insure that the Bond proceeds are used to accomplish 
the public purposes of the Act and this ordinance. The 
transactions authorized hereby do not constitute any physi- 
cal public betterment or improvement or the acquisition of 
property by the City; the public purposes expressed in the 
Act are intended to be achieved by facilitating the acquisi- 
tion of manufacturing and processing facilities by the In- 
dustry. 

(5) The City will acquire no interest in the Industrial 
Facilities either on its own behalf or for the purpose of 

creating any security for the Bonds, which security shall 
be solely and exclusively the absolute, irrevocable, uncondi- 
tional obligation of the Industry to make the payments re- 
quired by the Loan Agreement. Accordingly, this ordinance 
definitely fixes and determines the amount of revenue 
derived from payments on the loan which is necessary to 
be set apart and applied to the payment of principal of and 
interest on the Bonds. 

(6) (a) No part or portion of the Receipts and Rev- 
enues of the City from the Loan, as denned in this ordi- 
nance, shall be set aside as a depreciation account (men- 
tioned in the Act) since neither the City nor the Bond- 
holders desire, or are creating, any interest in the Indus- 
trial Facilities and such a depreciation account would (i) be 
inconsistent with the form of loan transaction, and (ii) 
place an unreasonable burden on the Industry so as to affect 
the feasibility of the transaction and thus frustrate the 
legislative purposes of the Act and (b) a covenant such as 
that permitted by Section 266G (c) of the Act is similarly 
inconsistent with the form of transaction authorized hereby 
in which neither the City nor the Bondholders obtain or 
retain an interest in the Industrial Facilities and is, there- 
fore, a procedure which is not contemplated by the Act in 
connection with this transaction. 

Sec. 2. And be it further ordained, That the issuance 
sale and delivery of not exceeding $400,000 aggregate 
principal amount of "Industrial Development Revenue 
Bonds (Lifschultz Fast Freight Project), 1976 Series," 
is hereby authorized subject to the provisions of this ordi- 
nance, such Bonds to be solely and exclusively payable 



156 ORDINANCES Ord. No. 36 

from, and secured by, the revenue derived from payments 
on the loan to the Industry as provided herein. 

The Commissioners of Finance of the City are hereby 
authorized, in conjunction with representatives of the 
Industry and the prospective purchasers of the Bonds, to 
cause an official statement to be prepared for distribution 
to prospective purchasers of the Bonds. Such official state- 
ment shall be presented to the Commissioners of Finance 
for final approval by resolution at the time the Commis- 
sioners of Finance act upon a resolution or resolutions 
determining the matters required by this ordinance to be 
determined prior to the sale of the Bonds. Nothing con- 
tained in this Ordinance shall be deemed to preclude the 
distribution, prior to final approval by the Commissioners 
of Finance, of a preliminary official statement; provided 
that such preliminary official statement shall be clearly 
marked to indicate that it is subject to such final approval. 

It is hereby found and determined that the best interests 
of the City will be served by selling the Bonds at private 
sale, as authorized by the Act, upon terms and conditions 
approved by the Commissioners of Finance by resolution 
adopted prior to the sale of the Bonds. Such resolution shall 
authorize the Mayor to execute a bond purchase agreement 
with the purchasers of the Bonds. Such resolution, or sup- 
plementary resolutions adopted concurrently therewith, 
shall also prescribe (i) the maturity or maturities and the 
interest rate or rates to be borne by the Bonds, (ii) certain 
redemption provisions for the Bonds as provided in Sec- 
tion 3.01 of this ordinance, and (iii) such other matters as 
may be required by this ordinance or deemed appropriate 
by the Commissioners of Finance. 

Sec. 3. And be it further ordained, That the Bonds and 
coupons are to be issued, authenticated and delivered, and 
all property subject to or to become subject to this ordi- 
nance, including the Receipts and Revenues of the City 
from the Loan (as herein defined), is to be held and ap- 
plied, upon and subject to the following covenants, condi- 
tions, uses and trusts; and the City, for itself and its 
successors, does hereby covenant and agree to and with the 
Trustee and its successors in the trust and with all those 
who shall, from time to time, hold the Bonds and coupons, 



ORDINANCES 157 

or any of them, for the benefit of all such Holders, as fol- 
lows: 

ARTICLE I 

Definitions 

The terms defined in this Article I shall, for all purposes 
of this ordinance and of all ordinances or resolutions sup- 
plemental hereto now or hereafter entered into in accord- 
ance with the provisions hereof, have the meanings herein 
specified, unless the context clearly otherwise requires: 

"Act" means Sections 266A to 266-1, inclusive, of Article 
41 of the Annotated Code of Maryland (1971 Replacement 
Volume, as amended), and all future acts supplemental 
thereto or amendatory thereof. 

"Additional Bonds" means the Bonds of the City issued 
under Section 2.09 of this ordinance. 

"Bond" or "Bonds" means the Industrial Development 
Revenue Bonds of the City of all series from time to time 
authenticated and delivered under this ordinance. The 1976 
Series Bonds means the Bonds identified as such in Section 
2.02 hereof. 

"Bond Fund" means the fund created in Section 5.02 
hereof. 

"Bondholder" or "Holder" or "Owner of the Bonds" 
means the bearer of any coupon Bond and the registered 
owner of any Bond. 

"City" means the Mayor and City Council of Baltimore, 
a body politic and corporate and a political subdivision of 
the State of Maryland, and its successors and assigns. 

"Commissioners of Finance" means that board of finance 
known as the Commissioners of Finance of the City of Bal- 
timore, Maryland. 

"Construction Fund" means the fund created by Section 
6.02 hereof. 

"Coupon" or "Coupons" means any interest coupon or all 
the interest coupons, as the case may be, appertaining to the 
Bonds. 



158 ORDINANCES Ord. No. 33 

The term "Default" or "Event of Default" means any of 
those defaults specified in and defined by Section 10.01 
hereof. 

"Extraordinary Services" and "Extraordinary Expenses" 
means all services rendered and all expenses incurred by the 
Trustee under this ordinance other than Ordinary Services 
and Ordinary Expenses. 

"Industry" means Lifschultz Fast Freight, Inc., a Dela- 
ware corporation, and its successors and assigns and any 
surviving, resulting or transferee corporation as provided 
in Section 6.3 of the Loan Agreement. 

"Industrial Facilities" means the freight terminal and 
warehouse described in Exhibit A to the Loan Agreement to 
be constructed on Property, and related improvements and 
any substitutions therefor, to be acquired by the Industry 
and to be financed under the Loan Agreement and this ordi- 
nance for operation by the Industry as an industrial build- 
ing, as defined in the Act. 

"Loan Agreement" means the Loan Agreement to be 
executed prior to the issuance of the Bonds by and between 
the City and the Industry, and any amendments or supple- 
ments thereto, and shall include the Note issued thereunder. 

"Mayor and City Council" means the governing body of 
the City of Baltimore, Maryland and any successor body. 

"Note" means the note executed by the Industry in sub- 
stantially the form provided in Exhibit B to the Loan 
Agreement, as required by Section 4.01 hereof. 

"Ordinance" means this ordinance and any ordinance or 
resolution (or other action or instrument authorized by this 
ordinance) supplemental hereto or amendatory hereof. 

"Ordinary Services" and "Ordinary Expenses" means 
those services normally rendered and those expenses nor- 
mally incurred by a trustee under instruments similar to 
this ordinance. 

The term "Outstanding" or "Bonds Outstanding" means, 
as at any particular date, the aggregate of all Bonds authen- 
ticated and delivered under this ordinance, except: 

(a) Bonds cancelled at or prior to such date; 



ORDINANCES 159 

(b) Bonds for the payment or redemption of which 
cash funds or securities, as provided in Section 9.01 hereof 
shall have been theretofore deposited with the Trustee 
(whether upon or prior to the maturity or redemption date 
of any such Bonds) provided that if such Bonds are to be 
redeemed prior to the maturity thereof, notice of such 
redemption shall have been given or arrangements satis- 
factory to the Trustee shall have been made therefor, or 
waiver of such notice satisfactory in form to the Trustee, 
shall have been filed with the Trustee ; and 

(c) Bonds in lieu of which others have been authenti- 
cated under Section 2.07 hereof, unless proof satisfactory 
to the Trustee is presented to the Trustee that any such 
Bonds are held by bona fide purchasers as that term is de- 
fined in Subtitle 8 of Article 95B of the Annotated Code of 
Maryland (Maryland Uniform Commercial Code), as 
amended, in which case the Bond or Bonds so replaced and 
the Bond or Bonds authenticated and delivered therefor 
shall be deemed outstanding. 

"Person" means natural persons, firms, associations, cor- 
porations and public bodies. 

"Property" means a freight terminal and warehouse 
located in the City of Baltimore and more particularly 
described in Exhibit C of Loan Agreement, and known gen- 
erally as Development Area No. 5, Quad Avenue Industrial 
Park. 

"Receipts and Revenues of the City from the Loan" means 
all moneys payable by the Industry to the City under the 
Loan Agreement and all other revenues of the City attribu- 
table to the financing of the Industrial Facilities. 

"Treasurer" means the Treasurer or Deputy Treasurer of 
the City of Baltimore. 

"Trust Estate" means at any particular time all moneys 
which at such time are deposited or are required to be 
deposited with the Trustee or to be held in trust under 
any of the provisions of this ordinance and all property 
which at such time is covered or intended to be covered 
by the claim of the Trustee under this ordinance. 

"Trustee" means the trust company or banking corpora- 
tion and its successor or successors as trustee hereunder, 



160 ORDINANCES Ord. No. 36 

who shall also be the paying agent for the Bonds, designated 
prior to the issuance of the Bonds by resolution of the 
Commissioners of Finance. 

ARTICLE II 

Description, Authorization, Manner of 

Execution, Authentication, Registration 

and Transfer of Bonds 

Sec. 2.01. The City shall be obligated to pay the prin- 
cipal of and interest on the Bonds only out of the Receipts 
and Revenues of the City from the Loan pledged for the 
payment thereof under this ordinance, and not otherwise. 
The City may, at its option, pay the principal of and 
interest on the Bonds out of any other moneys made avail- 
able to the City for the payment thereof. All the Bonds to 
be issued hereunder shall be equally and ratably secured, 
to the extent provided in this ordinance by the pledge of the 
Receipts and Revenues of the City from the Loan. 

Sec. 2.02. There is hereby created for issuance under 
this ordinance a series of Bonds in the aggregate principal 
amount of not exceeding $400,000 each of which shall bear 
the descriptive title "City of Baltimore, Maryland, Indus- 
trial Development Revenue Bond (Lifschultz Fast Freight 
Project), 1976 Series." The Bonds shall be dated, shall 
be issued as coupon Bonds in the denomination of $5,000 
each, registrable as to principal only or as fully registered 
bonds in the denomination of $5,000 or multiples thereof, 
shall mature, shall be numbered, shall bear such rate or 
rates of interest from their date until maturity or until 
the date fixed for redemption, all as provided in a resolution 
of the Commissioners of Finance adopted prior to the sale 
of the Bonds. Such interest shall be payable semi-annually 
and the Bonds shall be subject to the right of prior redemp- 
tion upon the terms and conditions hereinafter set forth. 

The Bonds authorized hereby may be issued, sold and 
delivered at one or more times hereafter; provided, however, 
that (i) each such issuance, sale and delivery of Bonds shall 
be accomplished only upon (a) the adoption of a resolution 
by the Commissioners of Finance specifying all matters then 
remaining to be specified in connection with such issuance, 



ORDINANCES 161 

sale and delivery of Bonds, (b) the due execution and de- 
livery by the Industry of a separate Note and by the Indus- 
try and the City of a separate Loan Agreement securing 
the Bonds then to be issued, sold and delivered and (c) 
compliance with all other requirements of this ordinance, 
and (ii) the aggregate principal amount of Bonds issued, 
sold and delivered hereunder shall not exceed the aggregate 
principal amount of Bonds authorized by this ordinance. 

The principal of and interest on the Bonds shall be paid 
in any coin or currency of the United States of America 
which, at the respective times of payment, is legal tender 
for the payment of public and private debts at the principal 
office of the Trustee or its successor in trust. 

Sec. 2.03. The Bonds shall be executed on behalf of the 
City by the Mayor of the City and the corporate seal of 
the City or a facsimile thereof shall be impressed or repro- 
duced thereon and attested by the City Treasurer or Deputy 
City Treasurer, provided that at least one of said signatures 
shall be a manual signature. The coupons attached to the 
coupon Bonds shall be executed by the facsimiles of the 
official signatures of said City Treasurer or Deputy City 
Treasurer and such facsimiles shall have the same force 
and effect as if said City Treasurer or Deputy City Treas- 
urer had manually signed each of the coupons. The Bonds, 
together with interest thereon, shall be limited obligations 
of the City payable from the Bond Fund and shall be a valid 
claim of the respective Holders thereof only against Receipts 
and Revenues of the City from the Loan which (except 
amounts paid by the Industry pursuant to Sections 6.6 and 
8.4 of the Loan Agreement) are hereby pledged and assigned 
for the equal and ratable payment of the Bonds and the 
coupons and shall be used for no other purpose than to pay 
the principal of and interest on the Bonds, except as may be 
otherwise expressly authorized in this ordinance. Neither 
the Bonds nor the coupons shall ever constitute an indebted- 
ness or a charge against the general credit or taxing power 
of the City within the meaning of any state constitutional 
or charter provision or statutory limitation and shall never 
constitute nor give rise to a pecuniary liability of the City. 

In case any officer whose signature or facsimile signature 
shall appear on the Bonds or coupons shall cease to be such 



162 ORDINANCES Ord. No. 36 

officer before the delivery of such Bonds, such signature or 
such facsimile shall nevertheless be valid and sufficient for 
all purposes, the same as if he had remained in office until 
delivery. 

Sec. 2.04. Only such Bonds as shall have endorsed 
thereon a certificate of authentication substantially in the 
form hereinafter set forth duly executed by the Trustee 
shall be entitled to any right or benefit under this ordinance. 
No Bond and no coupon, appertaining to any Bond shall be 
valid or obligatory for any purpose unless and until such 
certificate of authentication shall have been duly executed by 
the Trustee, and such executed certificate of the Trustee 
upon any such Bond shall be conclusive evidence that such 
Bond has been authenticated and delivered under this 
ordinance. The Trustee's certificate of authentication on 
any Bond shall be deemed to have been executed by it if 
signed by an authorized signature of the Trustee, but it 
shall not be necessary that the same person sign the cer- 
tificate of authentication on all of the Bonds issued here- 
under. Before authenticating or delivering any Bonds, the 
Trustee shall detach and cancel all matured coupons, if any, 
appertaining thereto, and such cancelled coupons shall be 
cremated by the Trustee and a certificate of cremation or 
other destruction shall be delivered to the Treasurer of the 
City by the Trustee. 

Sec. 2.05. The Bonds issued under this ordinance and 
the coupons attached thereto, if any, shall be substantially 
in the form hereinafter set forth with such appropriate vari- 
ations, omissions and insertions as are permitted or required 
by this ordinance or by a resolution of the Commissioners 
of Finance adopted prior to the sale of the Bonds. The Bonds 
may be printed or typewritten. 

Sec. 2.06. The City shall execute and deliver to the 
Trustee and the Trustee shall authenticate the Bonds in 
the aggregate principal amount of not exceeding $400,000 
and deliver them to the purchaser as may be directed by 
the City as hereinafter in this Section 2.06 provided. 

Prior to the authentication by the Trustee of any of 
the Bonds there shall be filed with the Trustee : 



ORDINANCES 163 

1 . A duly certified copy of this ordinance. 

2. An original executed counterpart of the Loan Agree- 
ment. 

3. A duly certified copy of the resolution of the Commis- 
sioners of Finance setting forth the details relating to the 
Bonds as prescribed by Section 2.02 hereof. 

4. A request and authorization to the Trustee on behalf 
of the City and signed by the Mayor to authenticate and 
deliver the Bonds in the aggregate principal amount of not 
exceeding $400,000 to the purchasers therein identified upon 
payment to the Trustee but for account of the City of a 
sum specified in such request and authorization plus ac- 
crued interest thereon to the date of delivery. Such pro- 
ceeds shall be paid over to the Trustee and deposited to the 
credit of the Bond Fund and Construction Fund as here- 
inafter provided under Article VI hereof. 

Sec. 2.07. In the event any Bond is mutilated, lost, stolen 
or destroyed, the City may execute and the Trustee may 
authenticate a new Bond of like date, maturity and denomi- 
nation as that mutilated, lost, stolen or destroyed, which 
new Bond shall have attached thereto coupons correspond- 
ing in all respects to those (if any) on the Bond mutilated, 
lost, stolen or destroyed; provided that, in the case of any 
mutilated Bond, such mutilated Bond together with all 
coupons (if any) appertaining thereto shall first be sur- 
rendered to the City, and in the case of any lost stolen or 
destroyed Bond, there shall be first furnished to the City 
and the Trustee evidence of such loss, theft or destruction 
satisfactory to the City and the Trustee, together with 
indemnity satisfactory to them. In the event any such 
Bond or coupon shall have matured, instead of issuing a 
duplicate Bond or coupon the City may pay the same without 
surrender thereof. The City and the Trustee may charge 
the Holder or Owner of such Bond with the reasonable fees 
and expenses in this connection. 

Sec. 2.08. All the Bonds issued under this ordinance 
shall be negotiable, subject to the provisions for registration 
and transfer contained in this ordinance and in the Bonds. 
So long as any of the Bonds shall remain Outstanding, the 



164 ODRINANCES Ord. No. 36 

City shall maintain and keep, at the principal office of the 
Treasurer, who shall be the bond registrar, books for the 
registration and transfer of Bonds; and, upon presenta- 
tion thereof for such purposes at said office, the Treasurer 
shall register or cause to be registered therein, and permit 
to be transferred thereon, under such reasonable regula- 
tions as it or the Trustee may prescribe, any Bond entitled 
to registration or transfer. So long as any of the Bonds re- 
main Outstanding, the City shall make all necessary pro- 
visions to permit the exchange of Bonds at the principal 
office of the Treasurer. 

All coupon Bonds shall pass by delivery, unless registered 
as to principal other than to bearer in the manner pro- 
vided in this Section 2.08. Any coupon Bond may be regis- 
tered as to principal on the books of the City at the 
principal office of the Treasurer, upon presentation thereof 
at said office and the payment of a charge sufficient to 
reimburse the City for any tax or other governmental 
charge required to be paid with respect to such registration, 
and such registration shall be noted on such Bond. After 
said registration no transfer thereof shall be valid unless 
made on said books at the written request of the registered 
Owner or his attorney duly authorized in writing, and 
similarly noted on such Bond; but such Bond may be dis- 
charged from registration by being in like manner trans- 
ferred to bearer, after which it shall again become trans- 
ferable by delivery. 

Thereafter such Bond may again, from time to time, 
be registered or discharged from registration in the same 
manner. Registration of any coupon Bond as to principal, 
however, shall not affect the negotiability by delivery of 
the coupons appertaining to such Bond, but such coupons 
shall continue to pass by delivery and shall remain payable 
to bearer. 

As to any coupon Bond registered as to principal other 
than to bearer the person in whose name the same shall be 
registered upon the books of the City may be deemed and 
regarded as the absolute owner thereof, whether such Bond 
shall be overdue or not, for all purposes, except for the 
purpose of receiving payment of coupons; and payment 
of, or on account of, the principal or redemption price, if 






ORDINANCES 165 

any, of such Bond shall be made only to, or upon the order 
of, such registered Owner thereof, but such registration 
may be changed as above provided. All such payments shall 
be valid and effectual to satisfy and discharge the liability 
upon such Bond to the extent of the sum or sums so paid. 
The City, the Trustee and the Trustee as paying agent may 
deem and treat the bearer of any coupon as the absolute 
owner thereof, whether such coupon shall be overdue or 
not, for the puropse of receiving payment thereof and for 
all other purposes whatsoever, and may deem and treat the 
bearer of any coupon Bond which shall not at the time be 
registered as to principal other than to bearer, or the 
person in whose name any coupon Bond for the time being 
shall be registered upon the books of the City, as the 
absolute owner of such Bond, whether such Bond shall be 
overdue or not, for the purpose of receiving payment of 
coupons, and neither the City, nor the Trustee nor the 
Trustee as paying agent shall be affected by any notice to 
the contrary. Subject to the provisions of the Act, the 
City agrees to indemnify and save the Trustee and the 
Trustee as paying agent harmless from and against any 
and all loss, cost, charge, expense, judgment or liability 
incurred by it, acting in good faith and without negligence 
hereunder, in so treating such bearer or registered Owner. 

Each registered Bond without coupons shall be transfer- 
able only upon the books of the City, which shall be kept 
for that purpose at the principal office of the Treasurer, at 
the written request of the registered Owner thereof or his 
attorney duly authorized in writing, upon surrender thereof, 
together with a written instrument of transfer satis- 
factory to the Treasurer duly executed by the registered 
Owner or his duly authorized attorney. Upon the transfer 
of any such registered Bond, the City shall issue in the 
name of the transferee, in authorized denominations, a new 
registered Bond or Bonds without coupons, or, at the 
option of the transferee, coupon Bonds, with appropriate 
coupons attached, of the same aggregate principal amount, 
series, maturity and interest rate as the surrendered Bond. 

The City and the Trustee may deem and treat the person 
in whose name any Outstanding registered Bond without 
coupons shall be registered upon the books of the City as the 
absolute Owner of such Bond, whether such Bond shall 



166 ORDINANCES Ord. No. 36 

be overdue or not, for the purposes of receiving payment of, 
or on account of, the principal of and interest on such 
Bond and for all other purposes, and all such payments 
so made to any such registered Owner or upon his order 
shall be valid and effectual to satisfy and discharge the 
liability upon such Bond to the extent of the sum or sums 
so paid, and neither the City nor the Trustee shall be 
affected by any notice to the contrary. Subject to the pro- 
visions of the Act, the City agrees to indemnify and save 
the Trustee harmless from and against any and all loss, 
cost, charge, expense, judgment or liability incurred by it, 
acting in good faith and without negligence hereunder, in 
so treating any such registered Owner. 

Coupon Bonds, upon surrender thereof at the principal 
office of the Treasurer with all unmatured coupons attached, 
may, at the option of the Holder thereof, be exchanged for 
an equal aggregate principal amount of registered Bonds 
without coupons of the same series, maturity and interest 
rate of any of the authorized denominations. 

Registered Bonds without coupons, upon surrender there- 
of at the principal office of the Treasurer with a written 
instrument of transfer satisfactory to the Treasurer, duly 
executed by the registered Owner or his duly authorized 
attorney, may, at the option of the registered Owner 
thereof, be exchanged for an equal aggregate principal 
amount of coupon Bonds of the same series, maturity and 
interest rate with appropriate coupons of the same series, 
maturity and interest rate of any other authorized denom- 
inations. 

In all cases in which the privilege of exchanging Bonds 
or transferring registered Bonds without coupons is exer- 
cised, the City shall execute and the Trustee shall authen- 
ticate and deliver Bonds in accordance with the provisions 
of this ordinance. All registered Bonds surrendered in any 
such exchanges or transfers shall forthwith be cancelled 
by the Trustee. All coupon Bonds and the coupons apper- 
taining to such Bonds surrendered in any such exchanges 
or transfers shall be retained in the possession of the City 
for the purpose of reissuance upon subsequent exchanges 
and the City, prior to the reissuance of any such coupon 
Bonds, shall detach therefrom and cancel all matured 



ORDINANCES 167 

coupons. For every such exchange or transfer of Bonds, 
whether temporary or definitive, the City or the Trustee 
may make a charge sufficient to reimburse it for any tax 
or other governmental charge required to be paid with 
respect to such exchange or transfer, which sum or sums 
shall be paid by the person requesting such exchange or 
transfer as a condition precedent to the exercise of the 
privilege of making such exchange or transfer. Notwith- 
standing any other provision of this ordinance, the cost of 
preparing each new coupon Bond or registered Bond with- 
out coupons upon each exchange or transfer, and any other 
expenses of the City or the Trustee incurred in connection 
therewith (except any applicable tax or other governmental 
charge) shall be paid from the Bond Fund. The City shall 
not be obliged to make any such exchange or transfer of 
Bonds during the fifteen (15) days next preceding an 
interest payment date on the Bonds or, in the case of any 
proposed redemption of Bonds, next preceding the date of 
the first publication of notice of such redemption. The City 
shall not be required to make any transfer or exchange of 
any Bonds called for redemption. 

Sec. 2.09. The City, at the request of the Industry and 
to the extent permitted by law in effect at the time thereof, 
shall use its best efforts to issue Additional Bonds from 
time to time for the purpose of providing additional moneys 
to be used for the purpose of completing the Industrial 
Facilities or to provide additional terminal and warehouse 
facilities which shall become part of the Industrial Faci- 
lities, on a parity with the Bonds and any Additional 
Bonds theretofore or thereafter issued and payable from 
the Bond Fund. Before any Additional Bonds are authen- 
ticated there shall be delivered to the Trustee the items 
required therefor by Section 2.10 hereof. The proceeds of 
any Additional Bonds shall be used solely to pay the costs 
of completing the Industrial Facilities or of providing 
additional manufacturing and processing facilities and to 
pay the costs incident to the issuance of the Additional 
Bonds, in accordance with Section 6.8 of the Loan Agree- 
ment. 

Such Additional Bonds shall be issued in such series and 
principal amounts, shall be dated, shall bear interest at 
such rate or rates, shall be subject to redemption at such 



168 ORDINANCES Ord. No. 36 

times and prices, and shall mature in such years as the 
ordinance supplemental hereto authorizing the issuance 
thereof shall fix and determine, and shall be deposited with 
the Trustee for authentication and delivery. 

Sec. 2.10. Upon the adoption in each instance of an 
appropriate ordinance supplemental hereto the City shall 
execute and deliver to the Trustee, and the Trustee shall 
authenticate such Additional Bonds and deliver them 
to the purchaser or purchasers as may be directed by the 
City, as hereinafter in this Section 2.10 provided. Prior to 
the delivery by the Trustee of any such additional Bonds 
there shall be filed with the Trustee : 

( 1 ) A valid and effective amendment to the Loan Agree- 
ment, pursuant to Section 10.5 thereof, providing for an 
increase in the obligations of the City and the Industry in 
accordance with Section 4.3 of the Loan Agreement. 

(2) A duly enacted supplemental ordinance providing 
for the issuance of such new series of Additional Bonds. 

(3) A duly certified copy of the resolution of the 
Commissioners of Finance providing the terms of such 
Additional Bonds. 

(4) A request and authorization to the Trustee on 
behalf of the City and signed by the Mayor to deliver 
such Bonds to the purchaser or purchasers therein identified 
upon payment to the Trustee, for the account of the City 
of a specified sum plus any accrued interest. The proceeds 
of such Bonds shall be paid over to the Trustee and de- 
posited to the credit of the Bond Fund and Construction 
Fund as hereinafter provided under Article VI hereof. 

ARTICLE III 

Redemption 

Sec. 3.01. In the manner and with the effect provided 
in this ordinance, the Bonds will be subject to redemption 
prior to maturity, either at the option of the City or pur- 
suant to certain provisions of this ordinance, as follows : 

(1) The Bonds may be redeemed prior to maturity on 
or after any date specified and at the times and in the 



, 



ORDINANCES 169 

amounts specified by resolution of the Commissioners of 
Finance either as a whole at any time or in part from time 
to time on any interest payment date, in inverse order of 
their maturities (by lot within a maturity) in increments 
of $5,000, by application of any moneys available for that 
purpose, other than moneys from the sources described in 
(2) below, upon payment in each case of the principal 
amount thereof, plus accrued interest to the redemption 
date. 

(2) The Bonds also may be redeemed as a whole at any 
time upon the exercise by the Industry of its option to 
terminate the Loan Agreement as provided in Section 9.2 
thereof. Any of such Bonds are to be redeemed in the 
manner provided in this Article III, at the principal amount 
thereof, plus accrued interest to the redemption date. 

(3) The Bonds are subject to redemption as a whole at 
any time upon the occurrence of an event which, under the 
provisions of Article X of the Loan Agreement, obligates 
the Industry to prepay the amounts due thereunder. Any 
such Bonds are to be redeemed in the manner provided in 
this Article III, at the principal amount thereof, plus 
accrued interest to the redemption date, and all other 
amounts, including additional interest, required by Article 
X of the Loan Agreement to be paid by the Industry. 

In the case of registered Bonds without coupons of 
denominations greater than $5,000, if less than all of such 
Bonds then Outstanding are to be called for redemption, 
then for all purposes in connection with redemption, each 
$5,000 of principal amount shall be treated as though it was 
a separate bond of the denomination of $5,000 bearing one 
of the numbers borne by such registered Bond without 
coupons. If it is determined that one or more, but not all of 
the $5,000 units of principal amount represented by any 
such registered Bond without coupons is to be called for 
redemption, then upon notice of intention to redeem such 
$5,000 unit or units, the Owner of such registered Bond 
without coupons shall forthwith surrender such Bond to 
the Trustee (1) for payment of the principal of and interest 
to the date fixed for redemption on the $5,000 unit or units 
of principal amount called for redemption and (2) in 
exchange for a new Bond or Bonds of the aggregate 



170 ORDINANCES Ord. No. 36 

principal amount of the unredeemed balance of the princi- 
pal amount of such registered Bond without coupons and 
of like maturity and interest rate, and such new Bond or 
Bonds shall be numbered corresponding to the numbers of 
the $5,000 units of principal amount not called for redemp- 
tion. New Bonds representing the unredeemed balance of 
the principal amount of such registered Bond without 
coupons shall be issued to the registered Owner thereof, 
without charge therefor. If the Owner of any such regis- 
tered Bond without coupons of a denomination greater than 
$5,000 shall fail to present such Bond to the Trustee for 
payment and exchange as aforesaid, such Bond shall, never- 
theless, become due and payable on the date fixed for 
redemption to the extent of the $5,000 unit or units of prin- 
cipal amount called for redemption (and to that extent 
only) ; interest shall cease to accrue on the portion of the 
principal amount of such Bond represented by such $5,000 
unit or units of principal amount on and after the date 
fixed for redemption provided that funds sufficient for the 
payment of the redemption price shall have been deposited 
with the Trustee, and shall be available for the redemption 
of said $5,000 unit or units on the date fixed for redemption 
and, in such event, such Bond shall not be entitled to the 
benefit or security of this ordinance to the extent of the 
portion of its principal amount and accrued interest thereon 
to the date fixed for redemption represented by such $5,000 
unit or units of principal amount, nor shall new Bonds be 
thereafter issued corresponding to said unit or units. 

Sec. 3.02. In the event any of the Bonds are called for 
redemption, the Trustee shall give notice in the name of 
the City, of the redemption of such Bonds, which notice 
shall specify the maturities of the Bonds to be redeemed, the 
redemption date and the place or places where amounts 
due upon such redemption will be payable and, if less than 
all of the Bonds of any maturity are to be redeemed, the 
numbers of such Bonds so to be redeemed. Such notice shall 
be given by publication at least once not less than thirty (30) 
days nor more than sixty (60) days prior to the redemption 
date in a newspaper or financial journal of general circula- 
tion published in the City of Baltimore Maryland, and in 
the case of the redemption of fully registered Bonds upon 
mailing a copy of the redemption notice by registered mail, 



ORDINANCES 171 

postage prepaid, at least thirty (30) days prior to the 
date fixed for redemption to the Holder of each registered 
Bond to be redeemed, at the address shown on the regis- 
tration books; provided, however, that failure to give such 
notice by mailing or any defect therein, shall not affect the 
validity of any proceedings for the redemption of Bonds. 
If all of the Bonds to be redeemed are registered Bonds, 
notice by mailing given by registered mail, postage prepaid, 
to the Holder or Holders thereof, at the addresses shown 
on the registration books, not less than thirty (30) days 
prior to the date fixed for redemption as aforesaid shall be 
sufficient and published notice of the call for redemption 
need not be given, and failure duly to give such notice by 
mailing, or any defect in the notice, to the Holder of any 
registered Bond designated for redemption shall not affect 
the validity of the proceedings for the redemption of any 
other Bond. All Bonds so called for redemption will cease 
to bear interest on the specified redemption date, provided 
funds for their redemption are on deposit with the Trustee, 
and shall no longer be protected by the ordinance and shall 
not be deemed to be Outstanding under the provisions of 
this ordinance. If, because of the temporary or permanent 
suspension of the publication or general circulation of any 
newspaper or financial journal or for any other reason, it 
is impossible or impracticable to publish such notice of 
call for redemption in the manner herein provided, then 
such publication in lieu thereof as shall be made with the 
approval of the Trustee shall constitute a sufficient publica- 
tion of notice. 

Sec. 3.03. All Bonds which have been redeemed shall be 
cancelled and destroyed by the Trustee together with the 
unmatured coupons appertaining thereto and shall not be 
reissued and a counterpart of the certificate of destruction 
shall be furnished by the Trustee to the City and the In- 
dustry. All Bonds so destroyed shall thereafter no longer 
be considered Outstanding for any purposes of this ordi- 
nance or the Loan Agreement. 

Sec. 3.04. All unpaid coupons which appertain to Bonds 
so called for redemption and which shall have become pay- 
able on or prior to the date fixed for redemption shall con- 



172 ORDINANCES Ord. No. 36 

tinue to be payable to the bearers thereof severally and 
respectively upon the presentation and surrender of such 
coupons. 

Sec. 3.05. If less than all of the Bonds at the time 
Outstanding are to be called for prior redemption, the par- 
ticular Bonds to be redeemed shall be selected by the Trustee 
in inverse order of maturities. If less than all of the Bonds 
of a particular maturity at the time Outstanding are to be 
called for prior redemption, the particular Bonds of such 
maturity to be redeemed shall be selected by lot by the 
Trustee in such manner as the Trustee, in its discretion, 
may determine. The Trustee shall call for redemption in 
accordance with the foregoing provisions as many Bonds 
as will, as nearly as practicable, exhaust the moneys avail- 
able therefor. Particular Bonds shall be redeemed only in 
the principal amount of $5,000 each. 

No redemption of less than all the Bonds at the time 
Outstanding shall be made pursuant hereto unless the total 
amount of funds available and to be used for such partial 
redemption is equal to or more than $50,000. 

ARTICLE IV 

Loan Agreement 

Sec. 4.01. The Mayor is hereby authorized and directed 
to execute, seal and deliver, on behalf of the City, the 
Loan Agreement (including the assignments of the Loan 
Agreement and the Note to the Trustee) in substantially 
the form presented to the City Council as evidenced by a 
copy of such form certified by the Deputy City Treasurer 
and filed among the permanent records of the City. The 
City, however, is hereby authorized, prior to execution of 
the Loan Agreement and such assignments, to make such 
changes or modifications in the form of such Loan Agree- 
ment, Note and assignments as may be required or deemed 
appropriate by it in order to accomplish the purpose of 
the transaction authorized by this ordinance; provided 
that such changes shall be within the scope of the trans- 
actions authorized by the Act and shall be made by resolu- 
tion of the Commissioners of Finance prior to execution of 
said Loan Agreement. Such execution of the Loan Agree- 






ORDINANCES 173 

ment and assignments by the Mayor shall be conclusive 
evidence of the due execution, on behalf of the City, of 
such instruments which shall thereupon become binding 
upon the City in accordance with their terms as authorized 
by the Act. 

ARTICLE V 

Revenues and Funds 

Sec. 5.01. The Bonds herein authorized and all payments 
by the City hereunder are not general obligations of the 
City but are limited obligations payable solely from the 
Receipts and Revenues of the City from the Loan and as 
authorized and provided in this ordinance. 

The Receipts and Revenues of the City from the Loan 
are to be remitted directly to the Trustee for the account 
of the City and deposited in the Bond Fund. Said payments 
are to be sufficient in amount to pay the principal of and 
interest on the Bonds, and the entire amount of Receipts 
and Revenues of the City from the Loan (except amounts 
paid by the Industry pursuant to Section 6.6 and Section 
8.4 of the Loan Agreement) is pledged to the payment of 
the principal of and interest on the Bonds. The City hereby 
covenants and agrees that it will not create any lien upon 
said Receipts and Revenues of the City from the Loan other 
than the lien hereby created. 

Sec. 5.02. There is hereby created by the City and 
ordered established with the Trustee a trust fund to be 
designated "City of Baltimore Industrial Facilities Revenue 
Bond Fund — Lifschultz Fast Freight Project'' (which is 
sometimes referred to herein as the "Bond Fund"), which 
shall be used to pay the principal of and interest on the 
Bonds. 

Sec. 5.03. There shall be deposited into the Bond Fund 
all accrued interest derived from the sale of the Bonds 
as required by Section 6.01 hereof. In addition, there shall 
be deposited into the Bond Fund, as and when received (a) 
any amount remaining in the Construction Fund to the 
extent provided in Section 3.3 (k) of the Loan Agreement 
except as otherwise directed pursuant to said Section 3.3 
(k) ; (b) all payments specified in Section 4.3 of the Loan 



174 ORDINANCES Ord. No. 36 

Agreement; and (c) all other moneys received by the Trustee 
r and pursuant to any of the provisions of the Loan 
Agreement when accompanied by directions of the Industry 
that such moneys are to be paid into the Bond Fund. The 
City hereby covenants and agrees that so long as any of the 
Bonds issued hereunder are outstanding it will deposit, or 
cause to be deposited, in the Bond Fund for its account suffi- 
cient sums from the Receipts and Revenues of the City from 
the Loan promptly to meet and pay the principal of and 
interest on the Bonds, as the same become due and payable. 

Sec. 5.04. Except as provided in Section 5.09 and 
Section 11.04 hereof, moneys in the Bond Fund shall be 
used solely for the payment of the principal of and interest 
on the Bonds and for the redemption of the Bonds at or 
prior to maturity. Whenever the amount in the Bond Fund 
from any source whatsoever is sufficient to redeem all of 
the Bonds Outstanding hereunder and to pay interest to 
accrue thereon prior to such redemption, the City covenants 
and agrees, upon request of the Industry, to take and cause 
to be taken the necessary steps to redeem all or part of 
said Bonds on the next succeeding redemption date subject 
to the provisions of Section 3.01 hereof for which the re- 
quired redemption notice may be given. 

Sec. 5.05. The Bond Fund shall be in the custody of 
the Trustee but in the name of the City and the City hereby 
authorizes and directs the Trustee to withdraw sufficient 
funds from the Bond Fund to pay principal of and interest 
on the Bonds, as the same become due and payabe and to 
make such funds so withdrawn available to the Trustee as 
paying agent for the purpose of paying said principal and 
interest, which authorization and direction the Trustee 
hereby accepts. 

Sec. 5.06. In the event any Bond shall not be presented 
for payment when the principal thereof becomes due, 
either at maturity or at the date fixed for redemption 
thereof or otherwise, or in the event any coupon shall not 
be presented for payment at the due date thereof, if funds 
sufficient to pay such Bond or coupon shall have been made 
available to the Trustee for the benefit of the Holder or 
Holders thereof, all liability of the City to the Holder there- 



ORDINANCES 175 

of for the payment of such Bond or coupon, as the case may 
be, shall forthwith cease, determine and be completely dis- 
charged, and thereupon it shall be the duty of the Trustee 
to hold such fund or funds, without liability for interest 
thereon, for the benefit of the Holder of such Bond, or the 
bearer of such coupon, as the case may be, who shall there- 
after be restricted exclusively to such fund or funds for 
any claim of whatever nature on his part under this ordi- 
nance or on, or with respect to, such Bond or coupon. 

Sec. 5.07. Pursuant to the provisions of the Loan Agree- 
ment, the Industry has agreed to pay the Trustee, until the 
principal of and interest on the Bonds shall have been fully 
paid: (i) an amount equal to the annual fee of the Trustee 
for the Ordinary Services of the Trustee rendered, as 
Trustee, and its Ordinary Expenses incurred, as Trustee, 
under this ordinance as and when the same becomes due, 
(ii) the reasonable fees and charges of the Trustee, as 
paying agent, as and when the same become due, and (iii) 
the reasonable fees and charges for the necessary Extraor- 
dinary Services and Extraordinary Expenses of the Trustee 
under this ordinance, as and when the same become due. It 
is further understood and agreed that the initial or ac- 
ceptance fees of the Trustee and the fees, charges and ex- 
penses of the Trustee and paying agent referred to in the 
preceding sentence which become due prior to the Comple- 
tion Date (as defined in the Loan Agreement) will be 
paid to the Trustee and paying agent from the Construction 
Fund as and when the same shall become due. The Industry 
may, without creating a Default hereunder, contest in 
good faith the necessity for any such Extraordinary Serv- 
ices and Extraordinary Expenses and the reasonableness of 
any of the fees, charges or expenses referred to herein. 

Pursuant to the provisions of the Loan Agreement, the 
Industry has agreed to pay the City the fees and expenses 
of the City Treasurer as bond registrar, and reasonable 
administrative expenses, if any, incurred by the City in the 
administration of the Loan Agreement and relative to the 
Bonds issued under this ordinance. 

Sec. 5.08. All moneys required to be deposited with or 
paid to the Trustee for account of the Bond Fund or the 



176 ORDINANCES Ord. No. 36 

Construction Fund under any provision of this ordinance 
shall be held by the Trustee in trust, and except for moneys 
deposited with or paid to the Trustee for the redemption of 
Bonds, notice of the redemption of which has been duly 
given, shall, while held by the Trustee, constitute part of 
the Trust Estate and be subject to the lien thereof. 

Sec. 5.09. Any amounts remaining in the Bond Fund 
after payment in full of the principal of and interest on the 
Bonds (or provision for payment thereof as provided in 
this ordinance), the fees, charges and expenses of the 
Trustee and paying agent, the fees and expenses of the 
City Treasurer as bond registrar, and all other amounts 
required to be paid hereunder shall, upon joint written 
instruction to the Trustee from the City and the Industry, 
be paid to the Industry upon the expiration or sooner 
termination of the term of the Loan Agreement as pro- 
vided in Section 9.2 and Section 10.1 of the Loan Agreement. 

ARTICLE VI 

Custody and Application of Proceeds of Bonds 

Sec 6.01. From the proceeds of the issuance and delivery 
of the Bonds there shall be deposited in the Bond Fund all 
accrued interest received upon the sale of the 1976 Series 
Bonds. 

Sec. 6.02. There is hereby created and established with 
the Trustee a trust in the name of the City to be designated 
"City of Baltimore Industrial Facilities Construction Fund 
— Lifschultz Fast Freight Project" (which is sometimes 
referred to herein as the "Construction Fund"). The 
balance of the proceeds upon the issuance and delivery of 
Bonds remaining after the deduction provided by Section 
6.01 hereof shall have been made shall be deposited in the 
Construction Fund. Moneys in the Construction Fund shall 
be expended in accordance with the provisions of the Loan 
Agreement and particularly Section 3.3 thereof. 

The Trustee is hereby authorized and directed to issue 
its checks for each disbursement required by the aforesaid 
provisions of the Loan Agreement. 



ORDINANCES 177 

The Trustee shall keep and maintain adequate records 
pertaining to the Construction Fund and all disbursements 
therefrom and after the Industrial Facilities shall have 
been completed and a certificate of payment of all costs filed 
as provided in Section 6.03 hereof, the Trustee shall, if re- 
quested by the Industry, file an accounting thereof with the 
City and with the Industry. 

Sec. 6.03. The completion of the Industrial Facilities 
and the payment of all costs and expenses incident thereto 
shall be evidenced by the filing with the Trustee of (i) the 
certificate of the Authorized Industry Representative (as 
defined in the Loan Agreement) required by the provisions 
of Section 3.5 of the Loan Agreement and (ii) a certificate 
signed by the City Treasurer and by the Authorized Indus- 
try Representative, which certificate shall state that all 
obligations and costs in connection with the Industrial 
Facilities and payable out of the Construction Fund have 
been paid and discharged except for amounts retained 
by the Trustee with the approval of the Authorized Industry 
Representative for the payment of costs of the Industrial 
Facilities not then due and payable as provided in the Loan 
Agreement. As soon as practicable and in any event before 
the expiration of sixty (60) days from the date of the 
certificate referred to in clause (ii) of the preceding sen- 
tence any balance remaining in the Construction Fund 
(other than the amounts retained by the Trustee referred 
to in the preceding sentence) shall without further authori- 
zation be deposited in the Bond Fund by the Trustee with 
advice to the City and to the Industry of such action unless 
the Industry shall have directed the Trustee to purchase 
Bonds in the open market for the purpose of cancellation in 
accordance with Section 3.3 (k) of the Loan Agreement. 

ARTICLE VII 

Investments 

Sec. 7.01. Any moneys held as part of the Construction 
Fund and the Bond Fund shall, at the written request of 
and as specified by the Authorized Industry Representa- 
tive (as defined in the Loan Agreement), be invested and 
reinvested by the Trustee in accordance with the provisions 



178 ORDINANCES Ord. No. 36 

of Section 3.8 of the Loan Agreement; provided, however, 
that neither all nor a major portion of the proceeds derived 
from the sale of the Bonds shall be used, directly or in- 
directly, in such a manner as to cause any Bond to be an 
"arbitrage bond" within the meaning of Section 103(d) of 
the Internal Revenue Code of 1954, as amended, and the 
applicable regulations thereunder. Any such investment 
shall be held by or under the control of the Trustee and 
shall be deemed at all times a part of the fund in which such 
moneys are originally held and the interest accruing there- 
on and any profit realized from such investments shall be 
credited to such fund, and any loss resulting from such in- 
vestments shall be charged to such fund. The Trustee 
shall sell and reduce to cash funds a sufficient amount of 
such investments whenever the cash balance in such fund 
or account is insufficient for the purposes of such fund or 
account. 

Sec. 7.02. The Trustee may make any and all invest- 
ments permitted under Section 7.01 through its own Bond 
Department. 

ARTICLE VIII 

General Covenants 

Sec. 8.01. Each and every covenant herein made, includ- 
ing all covenants made by the various sections of this Article 
VIII, is predicated upon the condition that any obligation 
for the payment of money incurred by the City shall not 
create a pecuniary liability of the City or a charge upon 
its general credit or against its taxing powers, but shall be 
payable solely from the Receipts and Revenues of the City 
from the Loan (except amounts paid pursuant to Sections 
6.6 and 8.4 of the Loan Agreement) which are required to 
be set apart and transferred to the Bond Fund, which 
moneys, revenues and receipts are hereby specifically 
pledged to the payment thereof in the manner and to the 
extent in this ordinance specified and nothing in the Bonds 
or coupons or in this ordinance shall be considered as 
pledging any other funds or assets of the City. 

The City covenants that it will promptly pay the prin- 
cipal of and interest on every Bond issued under this 
ordinance at the place, on the dates and in the manner pro- 



ORDINANCES 179 

vided herein and in such Bonds, and in the coupons apper- 
taining thereto according to the true intent and meaning 
thereof. 

Sec. 8.02. The City covenants that it will faithfully per- 
form at all times any and all covenants, undertakings, stipu- 
lations and provisions contained in this ordinance, in any 
and every Bond executed, authenticated and delivered here- 
under and in all proceedings pertaining thereto. The City 
covenants that it is duly authorized under the Constitu- 
tion and laws of the State of Maryland, to issue the Bonds 
authorized hereby and to enter into the Loan Agreement, 
and to pledge Receipts and Revenues of the City from the 
Loan, and that the Bonds in the hands of the Holders and 
Owners thereof and the coupons appertaining thereto in 
the hands of the bearers thereof are and will be valid and 
enforceable obligations of the City according to the import 
thereof. 

Sec. 8.03. The City will at all times maintain its cor- 
porate existence or assure the assumption of its obligations 
under this ordinance by any public body succeeding to its 
powers under the Act, and it will use its best efforts to 
maintain, preserve and renew all the rights and powers 
provided to it by the Act; and it will comply with all valid 
acts, rules, regulations, orders and directions of any legis- 
lative, executive, administrative or judicial body applicable 
to the Loan Agreement. 

Sec. 8.04. So long as any of the Bonds are Outstanding, 
the City will enforce the obligation of the Industry to pay, 
or cause to be paid, all the payments and other costs and 
charges payable by the Industry under the Loan Agree- 
ment. The City will not enter into any agreement with 
the Industry amending the Loan Agreement without the 
prior written consent of the Trustee and, in the event such 
amendatory agreement shall adversely affect the interests 
of the Holders of the Bonds, the prior written consent 
thereto of the Holders of at least sixty-six and two-thirds 
percent (66%%) in principal amount of the Bonds then 
Outstanding. 



180 ORDINANCES Ord. No. 3G 

Sec. 8.05. The City shall cause the Industry to release 
the City and the Trustee from, to agree that the City and 
the Trustee shall not be liable for, and to agree to indemnify 
and hold the City and the Trustee harmless from, any liabil- 
ity for any loss or damage to property or any injury to or 
death of any person including costs and expenses of litiga- 
tion that may be occassioned by any cause whatsoever 
pertaining to the Industrial Facilities or the financing 
thereof. 

Sec. 8.06. The City will from time to time execute and 
deliver such further instruments and take such further 
actions as may be reasonable and as may be required to 
carry out the purpose of this ordinance; provided, however, 
that no such instruments or actions shall pledge the credit 
or taxing power of the State of Maryland, the City, or any 
other political subdivision of said State. 

Sec. 8.07. Except for the contemplated assignment to 
the Trustee, the City will not sell, lease or otherwise dispose 
of or encumber its interest in the Loan Agreement or any 
of the payments or receipts derived therefrom, and will 
promptly pay or cause to be discharged or make adequate 
provision to satisfy and discharge any lien or charge on 
any part of such payments or receipts. 

Sec. 8.08. In Sections 5.1 and 5.2 of the Loan Agreement, 
the Industry agrees at its own expense to keep the Indus- 
trial Facilities in good repair and in good operating condi- 
tion and properly insured. 

Sec. 8.09. The City covenants and agrees that all books 
and documents in its possession relating to the Industrial 
Facilities and the moneys, revenues and receipts derived 
from the Industrial Facilities shall at all times be open to 
inspection by such accountants or other agencies as the 
Trustee may from time to time designate. 

Sec. 8.10. To the extent that such information shall be 
made known to the City under the terms of this Section 
8.10, it will keep on file at the corporate trust office of the 
Trustee a list of names and addresses of the last known 
Holders of all Bonds and the amount believed to be held 



ORDINANCES 181 

by each of such last known Holders. Any Bondholder may 
request that his name and address be placed on said list by 
filing a written request with the City or with the Trustee, 
which request shall include a statement of the principal 
amount of Bonds held by such Holder and the numbers of 
such Bonds. The Trustee shall be under no responsibility 
with regard to the accuracy of said list and may rely on 
said list for the payment of all sums due and payable under 
this ordinance with regard to the payment of principal of 
and interest on the Bonds. At reasonable times and under 
reasonable regulations established by the Trustee, said list 
may be inspected and copied by the Industry or by Holders 
or Owners (or a designated representative thereof) of not 
less than twenty-five percent (25%) in principal amount 
of Bonds then Outstanding, such ownership and the author- 
ity of any such designated representative to be evidenced 
to the satisfaction of the Trustee. 

Sec. 8.11. The City covenants that, in order to perfect 
the interest of the Trustee in the payments to be made 
under the Loan Agreement, appropriate financing state- 
ments, naming the Trustee as assignee of the contract 
rights represented by such Loan Agreement (including the 
Note), will be filed in the appropriate state and county 
offices as required by the provisions of the Uniform Com- 
merical Code, as amended. The City and the Trustee will 
file such necessary continuation statements from time to 
time as may be required pursuant to the provisions of said 
Uniform Commercial Code to protect the interest of the 
Trustee and the Bondholders. 



ARTICLE IX 

Defeasance 

Sec. 9.01. If and when the Bonds secured hereby shall 
become due and payable in accordance with their terms or 
through redemption proceedings as provided in this ordi- 
nance, or otherwise, and the whole amount of the principal 
and interest so due and payable upon all of the Bonds shall 
be paid, or provision shall have been made for the pay- 
ment of the same, together with all other sums payable 
hereunder by the City, then and in such case, the right, 



182 ORDINANCES Ord. No. 36 

title and interest of the Trustee in and to the Trust Estate 
and all covenants, agreements and other obligations of the 
City to the Bondholders shall thereupon cease, terminate 
and become void and be discharged and satisfied. In such 
event, upon request of the City, the Trustee shall assign and 
transfer to the City all property then held by the Trustee 
and shall execute such documents as may be reasonably re- 
quired by the City and shall turn over to the Industry, so 
long as it is not in default under the Loan Agreement, or to 
such person, body or authority as may be entitled to receive 
the same, any surplus in the Bond Fund and all balances 
remaining in any other fund created under this ordinance. 
If and when the Trustee shall hold sufficient moneys here- 
under to provide for payment of the whole amount of the 
principal and interest due and payable and thereafter to 
become due and payable upon all the Bonds, together with 
all other sums payable or which may thereafter become 
payable hereunder by the City, notwithstanding that all 
the Bonds and coupons have not yet become due and payable 
and that consequently the right, title and interest of the 
Trustee in and to the Trust Estate shall not have ceased, 
terminated or become void pursuant to the foregoing pro- 
visions of this Section 9.01, the Trustee, on demand of the 
City, shall turn over to the Industry, so long as it is not in 
default under the Loan Agreement, or to such person, body 
or authority as may be entitled to receive the same, any 
surplus in the Bond Fund and in any other fund created 
under this ordinance in excess of the sum sufficient to pay 
the whole amount of the principal and interest due and pay- 
able and thereafter to become due and payable upon all the 
Bonds, together with all other sums payable or which may 
thereafter become payable hereunder by the City. 

All Outstanding Bonds and all coupons appertaining to 
such Bonds shall prior to the maturity or redemption date 
thereof be deemed to have been paid within the meaning 
and with the effect expressed above if (a) in case any of 
said Bonds are to be redeemed on any date prior to their 
maturity, the City shall have given to the Trustee in form 
satisfactory to it irrevocable instructions to publish notice 
of redemption of such Bonds on said date as provided in 
Section 3.02 hereof, (b) there shall have been deposited 
with the Trustee either moneys in an amount which shall 
be sufficient, or securities specified in Section 3.8 (i) or (iii) 



ORDINANCES 183 

of the Loan Agreement, the principal of and the interest on 
which when due will provide moneys which, together with 
the moneys, if any, deposited with the Trustee at the same 
time, shall be sufficient, to pay when due the principal and 
interest due and to become due on said Bonds on and prior 
to the redemption date or maturity date thereof, as the case 
may be, and (c) in the event said Bonds are not by their 
terms subject to redemption within the next succeeding 
sixty (60) days, the City shall have given the Trustee in 
form satisfactory to it irrevocable instructions to publish, 
as soon as practicable, in the same manner as a notice of 
redemption is published pursuant to Section 3.02 hereof, a 
notice to the Holders of such Bonds and coupons that the 
deposit required by (b) above has been made with the 
Trustee and that said Bonds and coupons are deemed to have 
been paid in accordance with this Section, and stating such 
maturity or redemption date upon which moneys are to be 
available for the payment of the principal of and interest 
on such Bonds. 

Neither the securities nor moneys deposited with the 
Trustee pursuant to this section nor principal or interest 
payments on any such securities shall be withdrawn or used 
for any purpose other than, and shall be held in trust for, 
the payment of the principal of and interest on such Bonds ; 
provided that any cash received from such principal or in- 
terest payments on such securities deposited with the 
Trustee, if not then needed for such purpose, shall to the 
extent practicable, be reinvested in securities maturing at 
times and in amounts sufficient to pay when due the prin- 
cipal, and interest to become due on said Bonds on and 
prior to such redemption date or maturity date thereof, as 
the case may be, and interest earned from such reinvest- 
ments shall be paid over to the Industry, as received by 
the Trustee, free and clear of any trust, lien or pledge. 

The release of the obligations of the City under this 
Section 9.01 shall be without prejudice to the right of the 
Trustee to be paid reasonable compensation for all services, 
rendered by it hereunder and all its reasonable expenses, 
charges and other disbursements and those of its attorneys, 
agents and employees, incurred on and about the adminis- 
tration of the trusts hereby created and the performance 
of its powers and duties hereunder. 



184 ORDINANCES Ord. No. SG 

ARTICLE X 

Defaults and Remedies 

Sec. 10.01. In case one or more of the following events, 
in this ordinance referred to as the "Events of Default", 
shall happen, that is to say, if 

(a) payment of the principal of the Bonds shall not be 
made when the same shall become due and payable at ma- 
turity, upon redemption or otherwise ; or 

(b) payment of an installment of interest on the Bonds 
shall not be made when the same shall become due and 
payable ; or 

(c) there shall be an event of default under the Loan 
Agreement ; or 

(d) an order or decree appointing a receiver of the 
Industry's payments under the Loan Agreement or any part 
thereof shall be entered with the consent or acquiesence of 
the City, or such order or decree shall be entered without 
the acquiesence or consent of the City, if it shall not be 
vacated, discharged or stayed within sixty (60) days after 
entry ; or 

(e) the City shall default in the due and punctual per- 
formance of any covenant, condition, agreement or provi- 
sion (other than as specified in (a) and (b) of this Section 
10.01) contained in the Bonds or in this ordinance on the 
part of the City, to be performed, and such Default shall 
continue for ninety (90) days after written notice specify- 
ing such Default and requiring the same to be remedied 
shall have been given to the City and the Industry by the 
Trustee, which may give such notice in its discretion and 
shall give such notice at the written request of the Holders 
of not less than twenty-five percent (25%) in principal 
amount of the Bonds then Outstanding; then, in any such 
case, the Trustee may, and upon written request of the 
Holders of twenty-five percent (25%) in principal amount 
of the Bonds then Outstanding shall, provided that written 
notice of the Default has been given to the City and the 
Industry by the Trustee and the Default has not thereto- 
fore been cured, declare the principal of all Bonds then 
Outstanding to be due and payable immediately by notice 
in writing delivered to the City and the Industry, and upon 



ORDINANCES 185 

such declaration the said principal, together with interest 
accrued thereon, shall become due and payable immedi- 
ately at the place of payment provided therein, anything 
in this ordinance or in said Bonds to the contrary notwith- 
standing. 

The above provisions, however, are subject to the condi- 
tion that if, after the principal of said Bonds shall have been 
so declared to be due and payable, all arrears of interest 
upon the Bonds, and interest on overdue installments of 
interest (if lawful) at the rate per annum which is one 
percentage point greater than that then borne by the 
Bonds, and all other sums payable under this ordinance, 
except the principal of, and interest on, the Bonds which by 
such declaration shall have become due and payable, shall 
have been paid by or on behalf of the City, and the City 
also shall have performed all other things in respect of 
which it may have been in default hereunder, and shall 
have paid the reasonable expenses of the Trustee and of 
the Holders of such Bonds, including reasonable attorneys' 
fees paid or incurred, then and in every such case, such 
Default shall be waived and such declaration and its con- 
sequences rescinded and annulled by the Trustee by written 
notice to the City, which waiver, rescission and annulment 
must be consented to by the Holders of a majority in prin- 
cipal amount of the Bonds then Outstanding, which consent 
shall be binding upon the Trustee and upon all Holders of 
Bonds ; but no such waiver, rescission and annulment shall 
extend to or affect any subsequent Default or impair any 
right or remedy consequent thereon. 

Sec. 10.02. The Trustee, as the assignee of all the right, 
title and interest of the City in and to the Loan Agreement, 
shall enforce each and every right granted to the City 
under the Loan Agreement. 

Sec. 10.03. Upon the happening of any Event of De- 
fault, then and in every such case the Trustee in its dis- 
cretion may, and upon the written request of the Holders 
of twenty-five percent in principal amount of the Bonds then 
Outstanding and receipt of indemnity to its satisfaction, 
shall: 



186 ORDINANCES Ord. No. 3G 

(a) by mandamus, or other suit, action or proceeding 
at law or in equity, enforce all rights of the Bondholders, 
and require the City or the Industry to carry out any 
agreements with or for the benefit of the Bondholders and 
to perform its or their duties under the Act, the Loan Agree- 
ment and this ordinance ; 

(b) bring suit upon the Bonds; 

(c) by action or suit in equity require the City to ac- 
count as if it were the trustee of an express trust for the 
Bondholders ; or 

(d) by action or suit in equity enjoin any acts or things 
which may be unlawful or in violation of the rights of the 
Bondholders. 

Sec. 10.04. In case any proceeding taken by the Trustee 
on account of any Default shall have been discontinued or 
abandoned for any reason, or shall have been determined 
adversely to the Trustee, then and in every such case the 
City, the Trustee and the Bondholders shall be restored to 
their former positions and rights hereunder, respectively, 
and all rights, remedies and powers of the Trustee shall 
continue as though no such proceeding had been taken. 

Sec. 10.05. Anything in this ordinance to the contrary 
notwithstanding, the Holders of a majority in principal 
amount of the Bonds then Outstanding hereunder shall 
have the right, by an instrument in writing executed and 
delivered to the Trustee, to direct the method and place of 
conducting all remedial proceedings to be taken by the 
Trustee hereunder. 

Sec. 10.06. No Holder of any of the Bonds shall have 
any right to institute any suit, action or proceeding in 
equity or at law for the execution of any trust hereunder, 
or any other remedy hereunder or on said Bonds, unless 
such Holder previously shall have given to the Trustee 
written notice of an Event of Default as hereinabove pro- 
vided and unless also the Holders of not less than twenty- 
five percent (25%) in principal amount of the Bonds then 
Outstanding shall have made written request of the Trustee 
so to do, after the right to exercise such powers or rights 



ORDINANCES 187 

of action, as the case may be, shall have accrued, and shall 
have afforded the Trustee a reasonable opportunity either 
to proceed to exercise the powers hereinabove granted, or 
to institute such action, suit or proceeding in its or their 
name; nor unless there also shall have been offered to the 
Trustee security and indemnity satisfactory to it against 
the costs, expenses and liabilities to be incurred therein 
or thereby, and the Trustee shall not have complied with 
such request within a reasonable time; and such notifica- 
tion, request and offer of indemnity are hereby declared in 
every such case, at the option of the Trustee, to be condi- 
tions precedent to the execution of the trusts of this ordi- 
nance or for any other remedy hereunder; it being under- 
stood and intended that no one or more Holders of the 
Bonds hereby secured shall have any right in any manner 
whatever by his or their action to affect, disturb or preju- 
dice the security of this ordinance, or to enforce any right 
hereunder or under the Bonds except in the manner herein 
provided, and that all proceedings at law or in equity shall 
be instituted, had and maintained in the manner herein 
provided an for the equal benefit of all Holders of Out- 
standing Bonds and coupons. Nothing in this Ordinance 
contained, shall, however, affect or impair the right of any 
Holder of Bonds or coupons to enforce the payment of the 
principal of and interest on any Bond at and after the ma- 
turity thereof, or the obligation of the City to pay the 
principal of and interest on each of the Bonds issued here- 
under to the respective Holders of the Bonds or coupons 
at the time, place, from the source and in the manner 
herein and in said Bonds and the appurtenant coupons 
expressed. 

Sec. 10.07. All rights of action under this ordinance or 
under any of the Bonds secured hereby which are enforce- 
able by the Trustee may be enforced by it without the pos- 
session of any of the Bonds or coupons thereunto apper- 
taining, or the production thereof on the trial or other 
proceedings relative thereto, and any such suit, action or 
proceeding instituted by the Trustee shall be brought in its 
name for the equal and ratable benefit of the Holders of the 
Bonds and coupons, subject to the provisions of this 
ordinance. 



188 ORDINANCES Ord. No. 36 

Sec. 10.08. No remedy herein conferred upon or re- 
served to the Trustee or to the Holders of the Bonds is 
intended to be exclusive of any other remedy or remedies, 
and each and every such remedy shall be cumulative, and 
shall be in addition to every other remedy given hereunder 
or now or hereafter existing at law or in equity or by 
statute. 

Sec. 10.09. No delay or omission of the Trustee or of 
any Holder of the Bonds to exercise any right or power 
accruing upon any Default shall impair any such right or 
power or shall be construed to be a waiver of any such 
Default, or an acquiescence therein; and every power and 
remedy given by this article to the Trustee and to the 
Holders of the Bonds, respectively, may be exercised from 
time to time and as often as may be deemed expedient. 

Sec. 10.10. Any moneys received by the Trustee or by 
any receiver pursuant to this Article X shall be applied as 
follows : 

(a) Unless the principal of all the Bonds shall have be- 
come or shall have been declared due and payable, all such 
moneys shall be applied to the payment to the persons 
entitled thereto of all installments of interest then due on 
the Bonds, with interest on overdue installments, if lawful, 
at the rate per annum which is one percentage point 
greater than the rate then borne by the Bonds, in the order 
of the maturity of the installments of such interest and, 
if the amount available shall not be sufficient to pay in full 
any particular installment with such interest, then to the 
payment ratably, according to the amounts due respectively 
for principal and interest to the persons entitled thereto 
without any discrimination or privilege. 

(c) If the principal of all the Bonds shall have been 
declared due and payable, and if such declaration shall 
thereafter have been rescinded and annulled under the pro- 
visions of this article, then, subject to the provisions of para- 
graph (b) of this section which shall be applicable in the 
event that the principal of all the Bonds shall later become 
due or be declared due and payable, the moneys shall be 
applied in accordance with the provisions of paragraph 
(a) of this section. 



ORDINANCES 189 

Whenever moneys are to be applied pursuant to the pro- 
visions of this section, such moneys shall be applied at such 
time, and from time to time, as the Trustee shall determine, 
•having due regard to the amount of such moneys available 
for application and the likelihood of additional moneys be- 
coming available for such application in the future. When- 
ever the Trustee shall apply such funds, it shall fix the date 
(which shall be an interest payment date unless it shall 
deem another date more suitable) upon which such appli- 
cation is to be made and upon such date interest on the 
amounts of principal to be paid on such date shall cease to 
accrue. The Trustee shall give such notice by publication or 
mailing as it may deem appropriate of the deposit with it 
of any such moneys and of the fixing of any such date, and 
shall not be required to make payment to the Holder of any 
unpaid coupon or any Bond until such coupon or such Bond 
shall be presented to the Trustee for appropriate endorse- 
ment or for cancellation if fully paid. 

Sec. 10.11. It is the purpose and intention of this 
article to provide rights and remedies to the Trustee and 
Bondholders which may be lawfully granted under the pro- 
visions of the Act, but should any right or remedy herein 
granted be held to be unlawful, the Trustee, and the Bond- 
holders shall be entitled, as above set forth, to every other 
right and remedy provided in this ordinance and by law. 

ARTICLE XI 

Concerning the Trustee 

Sec. 11.01. By executing the certificate of athentica- 
tion endorsed upon the Bonds, the Trustee shall signify its 
acceptance and agree to execute the trusts hereby created, 
and agree to act as paying agent for the Bonds, but only 
upon the additional terms set forth in this article, to all of 
which the City agrees and the respective Holders of the 
Bonds agree upon and by their acceptance of delivery of 
any of the Bonds. 

Sec. 11.02. The recitals, statements and representa- 
tions in this ordinance or in the Bonds contained, save only 
the Trustee's authentication upon the Bonds, shall be taken 



190 ORDINANCES Ord. No. SG 

and construed as made by and on the part of the City, and 
not by the Trustee, and the Trustee does not assume, and 
shall not have, any responsibility or obligation for the cor- 
rectness of any thereof. 

Sec. 11.03. The Trustee may execute any of the trusts 
or powers hereof and perform the duties required by it 
hereunder by or through attorneys, agents, receivers or 
employees, and shall be entitled to advice of counsel con- 
cerning all matters of trust and its duty hereunder, and the 
Trustee shall not be answerable for the default or miscon- 
duct of any such attorney, agent, or employee selected by 
it with reasonable care. The Trustee shall not be answer- 
able for the exercise of any discretion or power under this 
ordinance or for anything whatever in connection with 
the trust, except only for its own willful misconduct or 
negligence. 

Sec. 11.04. The Trustee shall be entitled to payment 
and/or reimbursement for reasonable fees for its Ordinary 
Services rendered hereunder, and all advances, counsel fees 
and other Ordinary Expenses reasonably and necessarily 
made or incurred by the Trustee in connection with such 
Ordinary Services and, in the event that it should become 
necessary that the Trustee perform Extraordinary Services, 
it shall be entitled to reasonable extra compensation there- 
for, and to reimbursement for reasonable and necessary 
Extraordinary Expenses in connection therewith; provided, 
that if such Extraordinary Services or Extraordinary Ex- 
penses are occasioned by the neglect or misconduct of the 
Trustee, it shall not be entitled to compensation or reim- 
bursement therefor. The Trustee shall have a lien with 
right of payment prior to payment on account of interest 
or principal of any Bond for the foregoing advances, fees, 
costs and expenses incurred. 

Sec. 11.05. The Trustee shall not be required to take 
notice, or be deemed to have notice, of any Default under 
this ordinance other than a Default under Section 10.01(a) 
or Section 10.01(b) hereof, unless specifically notified in 
writing of such Default by the Holders of at least twenty- 
five percent (25 c '< ) in principal amount of the Bonds then 
Outstanding. The Trustee may, however, at any time, in 



ORDINANCES 191 

its discretion, require of the City full information and ad- 
vice as to the performance of any of the covenants, condi- 
tions and agreements contained herein. 

Sec. 11.06. The Trustee shall be under no obligation to 
take any action in respect of any Default or otherwise, or 
toward the execution or enforcement of any of the trusts 
hereby created, or to institute, appear in or defend any 
suit or other proceeding in connection therewith, unless 
requested in writing so to do by Holders of at least twenty- 
five percent (25%) in principal amount of the Bonds then 
Outstanding, and if in its opinion such action may tend to 
involve it in expense or liability, unless furnished from 
time to time as often as it may require, with security and 
indemnity satisfactory to it; but the foregoing provisions 
are intended only for the protection of the Trustee, and 
shall not affect any discretion or power given by any pro- 
visions of this ordinance to the Trustee to take action in 
respect of any Default without such notice or request from 
the Bondholders, or without such security or indemnity. 

SEC. 11.07. If the City shall fail to perform any of the 
covenants or agreements contained in this ordinance other 
than the covenants or agreements in respect of the pay- 
ment of the principal of and interest on the Bonds, the 
Trustee may, in its absolute discretion and without notice 
to the Bondholders, at any time and from time to time, 
make advances to effect performance of the same on behalf 
of the City, but the Trustee shall be under no obligation so 
to do; and any and all moneys paid or advanced by the 
Trustee for any such purpose, together with interest 
thereon at one percentage point greater than the rate of 
interest then borne by the 1976 Series Bonds (if lawful), 
shall be a claim in favor of the Trustee upon the Receipts 
and Revenues of the City from the Loan prior to the claim 
of the Bonds ; but no such advance shall operate to relieve 
the City from any Default hereunder. 

Sec. 11.08. The Trustee shall be protected and shall in- 
cur no liability in acting or proceeding in good faith upon 
any resolution, notice, telegram, request, consent, waiver, 
certificate, statement, affidavit, voucher, bond, requisition 
or other paper or document which it shall in good faith 



192 ORDINANCES Ord. No. 36 

believe to be genuine and to have been passed or signed by 
the proper board, body or person or to have been prepared 
and furnished pursuant to any of the provisions of this 
ordinance or the Loan Agreement, and the Trustee shall be 
under no duty to make any investigation or inquiry as to 
any statements contained or matters referred to in any 
such instrument, but may accept and rely upon the same 
as conclusive evidence of the truth and accuracy of such 
statements. The Trustee shall not be bound to recognize any 
person as a Holder of any Bond or coupon or to take any 
action at his request unless such Bond or coupon shall be 
deposited with the Trustee or satisfactory evidence of the 
ownership of such Bond or coupon shall be furnished to 
the Trustee. 

Sec. 11.09. The Trustee may in good faith buy, sell, own, 
hold and deal in any of the Bonds or coupons issued here- 
under and secured by this ordinance, and may join in any 
action which any Bondholder may be entitled to take with 
like effect as if the Trustee were not a party to this ordi- 
nance. The Trustee, either as principal or agent, may also 
engage in or be interested in any financial or other trans- 
action with the City or the Industry, and may act as de- 
pository, trustee, or agent for any committee or body of 
Holders of the Bonds secured hereby or other obligations of 
the City as freely as if it were not Trustee hereunder. 

Sec. 11.10. The Trustee may allow and credit interest 
upon any moneys which it may at any time receive under 
any of the provisions of this ordinance, at such rate, if any, 
as it customarily allows upon similar funds of similar size 
and under similar conditions. All interest allowed on any 
such moneys shall be credited as provided in Article VII 
with respect to interest on investments. 

Sec. 11.11. The Trustee may construe any of the provi- 
sions of this ordinance insofar as the same may appear to 
be ambiguous or inconsistent with any other provision 
thereof, and any construction of any such provisions hereof 
by the Trustee in good faith shall be binding upon the 
Bondholders. 



ORDINANCES 193 

Sec. 11.12. The Trustee may resign and be discharged 
of the trusts created by this ordinance by executing an in- 
strument in writing resigning such trust and specifying 
the date when such resignation shall take effect, and filing 
the same with the Deputy City Treasurer not less than 
sixty (60) days before the date specified in such instrument 
when such resignation shall take effect, and by giving 
notice of such resignation by publication at least once a 
week for two consecutive weeks in a newspaper carrying 
financial news published at least weekly in the English lan- 
guage and of general circulation in the City of Baltimore, 
Maryland, the first publication of said notice to appear not 
less than three weeks prior to the date specified in such 
notice when such resignation shall take effect. Such resig- 
nation shall take effect on the day specified in such instru- 
ment and notice, unless previously a successor Trustee 
shall be appointed as hereinafter provided, in which event 
such resignation shall take effect immediately on the ap- 
pointment of such successor Trustee. 

Sec. 11.13. The Trustee may be removed at any time by 
an instrument in writing, appointing a successor, filed with 
the Trustee so removed and executed by the Holders of a 
majority in principal amount of the Bonds then Out- 
standing. 

Sec. 11.14. In case at any time the Trustee shall resign, 
or shall be removed, or be dissolved, or if its property or 
affairs shall be taken under the control of any state or 
federal court or administrative body because of insolvency 
or bankruptcy, or for any other reason, a vacancy shall 
forthwith and ipso facto exist in the office of Trustee and 
a successor may be appointed by the Holders of a majority 
in principal amount of the Bonds then Outstanding, by an 
instrument or instruments in writing filed with the Deputy 
City Treasurer, signed by such Bondholders or by their 
attorneys-in-fact duly authorized. Copies of each instru- 
ment shall be promptly delivered by the City to the prede- 
cessor Trustee and to the Trustee so appointed. 

Until a successor Trustee shall be appointed by the 
Bondholders as herein authorized, the City, by an instru- 
ment authorized by resolution of the Commissioners of 



194 ORDINANCES Ord. No. 36 

Finance, may appoint a Trustee to fill such vacancy. After 
any appointment by the City, it shall cause notice of such 
appointment to be published once in each of two consecu- 
tive weeks in a newspaper carrying financial news pub- 
lished at least weekly in the English language and of gen- 
eral circulation in Baltimore, Maryland. Any new Trustee so 
appointed by the City shall immediately and without 
further act be superseded by a Trustee appointed by the 
Bondholders in the manner above provided. 

Sec. 11.15. Every successor in the trust hereunder 
appointed in pursuance of the foregoing provision shall be 
a trust company, a bank and trust company or a national 
bank with trust powers, having a combined capital and sur- 
plus of at least Ten Million Dollars ($10,000,000) if there 
be such a trust company, bank and trust company or na- 
tional bank willing and able to accept the trust on reason- 
able and customary terms. 

Sec. 11.16. In case at any time the Trustee shall resign 
and no appointment of a successor Trustee shall be made 
pursuant to the foregoing provisions of this article prior to 
the date specified in the notice of resignation as the date 
when such resignation shall take effect, the retiring Trustee 
may forthwith apply to a court of competent jurisdiction 
for the appointment of a successor Trustee. If no appoint- 
ment of a successor Trustee shall be made pursuant to the 
foregoing provisions of this article within six (6) months 
after a vacancy shall have occurred in the office of Trustee, 
the Holder of any Bond may apply to any court of com- 
petent jurisdiction to appoint a successor Trustee. Such 
court may thereupon, after such notice, if any, as it may 
deem proper and prescribe, appoint a successor Trustee. 

Sec. 11.17. Any successor Trustee appointed hereunder 
shall execute, acknowledge and deliver to the City an in- 
strument accepting such appointment hereunder, and there- 
upon such successor Trustee, without any further act, 
deed or conveyance, shall become duly vested with all the 
estates, property, rights, powers and trusts hereunder of 
the Trustee so ceasing to act, and the Trustee so ceasing to 
act shall pay over to the successor Trustee all moneys and 
other assets at the time held by it hereunder. 



ORDINANCES 195 

Sec. 11.18. Any corporation into which any Trustee 
hereunder may be merged or with which it may be consoli- 
dated, or any corporation resulting from any merger or 
consolidation to which any Trustee hereunder shall be a 
party, shall be the successor Trustee under this ordinance, 
without the execution or filing of any paper or any further 
act on the part of the parties hereto, anything herein to 
the contrary notwithstanding. 

Sec. 11.19. Notwithstanding any other provisions of 
this Article XI, the Trustee shall, during the existence of 
an Event of Default known to the Trustee, exercise such of 
the rights and powers vested in it by this ordinance and use 
the same degree of skill and care in their exercise as a pru- 
dent man would use and exercise under the circumstances 
in the conduct of his own affairs. 

Sec. 11.20. Upon the occurrence of an Event of Default 
known to the Trustee, the Trustee shall within thirty (30) 
days give written notice thereof by mail to each registered 
Holder of Bonds then Outstanding at the last address 
shown on the registration books, unless such Event of De- 
fault shall have been cured before the giving of such notice. 

Sec. 11.21. In any judicial proceeding to which the 
City is a party and which in the opinion of the Trustee and 
its counsel has a substantial bearing on the interests of 
Holders of the Bonds, the Trustee may intervene on behalf 
of the Holders of the Bonds and shall, upon receipt of in- 
demnity satisfactory to it, do so if requested in writing by 
the Holders of at least twenty-five (25%) percent in prin- 
cipal amount of Bonds then Outstanding if permitted by 
the court having jurisdiction in the premises. 



ARTICLE XII 

Execution of Instruments by Bondholders 
and Proof of Ownership of Bonds 

Sec. 12.01. Any request, direction, consent or other in- 
strument in writing required or permitted by this ordi- 
nance to be signed or executed by Bondholders may be in 



196 ORDINANCES Ord. No. 36 

any number of concurrent instruments of similar tenor 
and may be signed or executed by such Bondholders in 
person or by agent appointed by an instrument in writing. 
Proof of the execution of any such instrument and of the 
ownership of Bonds shall be sufficient for any purpose of 
this ordinance and shall be conclusive in favor of the 
Trustee with regard to any action taken by it under such 
instrument if made in the following manner : 

(a) The fact and date of the execution by any persons 
of any such instrument may be proved by the certificate of 
any officer in any jurisdiction who, by the laws thereof, has 
power to take acknowledgements within such jurisdiction, 
to the effect that the person signing such instrument ac- 
knowledged before him the execution thereof, or by an 
affidavit of a witness to such execution. 

(b) The fact of the holding of Bonds hereunder by any 
Bondholder and the numbers of such Bonds and the dates 
of his holding the same (unless such Bonds be registered 
as to principal) may be proved by the affidavit of the per- 
son claiming to be such Holder, if such affidavit shall be 
deemed by the Trustee to be satisfactory, or by a certificate 
executed by any trust company, bank, banker or member 
of the National Association of Securities Dealers showing 
that at the date therein mentioned such person had on 
deposit with such trust company, bank, banker, or other 
depository the Bonds described in such certificate. The 
Trustee may conclusively assume that such ownership con- 
tinues until written notice to the contrary is served upon 
the Trustee. The ownership of Bonds registered as to prin- 
cipal shall be proved by the registration books kept under 
the provisions of Section 2.08 of this ordinance. 

Nothing contained in this article shall be construed as 
limiting the Trustee to such proof, it being intended that 
the Trustee may accept any other evidence of the matters 
herein stated which it may deem sufficient. Any request or 
consent of the Holder of any Bond shall bind every future 
Holder of the same Bond in respect of anything done by the 
Trustee in pursuance of such request or consent. 



ORDINANCES 197 

ARTICLE XIII 

Modification of This Ordinance and 
The Loan Agreement 

Sec. 13.01. This ordinance shall not be modified or 
amended in any respect except as provided in and in accord- 
ance with and subject to the provisions of this article. 

Sec. 13.02. 1. The City may, from time to time, and at 
any time, without the consent of Bondholders, adopt ordi- 
nances supplemental to this ordinance as follows : 

(a) To specify and determine any matters and things 
relative to Bonds which are not contrary to or inconsistent 
with this ordinance and which shall not adversely affect 
the interest of the Bondholders ; or 

(b) To cure any formal defect, omission or ambiguity 
in this ordinance if such action does not adversely affect 
the rights of the Bondholders ; or 

(c) To grant to or confer upon the Trustee for the 
benefit of the Bondholders any additional rights, remedies, 
powers, authority or security which may lawfully be 
granted or conferred and which are not contrary to or in- 
consistent with this ordinance as heretofore in effect; or 

(d) To add to the covenants and agreements of the City 
in this ordinance, other covenants and agreements to be 
observed by the City which are not contrary to or incon- 
sistent with this ordinance as theretofore in effect ; or 

(e) To add to the limitations and restrictions in this 
ordinance, other limitations and restrictions to be ob- 
served by the City which are not contrary to or incon- 
sistent with this ordinance as theretofore in effect ; or 

(f ) To confirm, as further assurance, any pledge under, 
and the subjection to any claim, lien or pledge created or to 
be created by, this ordinance, of the Receipts and Revenues 
of the City from the Loan or of any other moneys, securi- 
ties or funds. 

2. Before the City shall adopt any supplemental ordi- 
nance pursuant to this section, there shall have been filed 
with the Trustee an opinion of counsel stating that such 
supplemental ordinance is authorized or permitted by this 



198 ORDINANCES Ord. No. 36 

ordinance and complies with its terms, and that upon enact- 
ment if will be valid and binding upon the City in accord- 
ance with its terms. 

Sec. 13.03. 1. Subject to the terms and provisions con- 
tained in this section and not otherwise, the Holders of 
not less than sixty-six and two-thirds percent (66%%) 
in aggregate principal amount of the Bonds then Outstand- 
ing shall have the right from time to time, to consent to and 
approve the adoption by the City of any supplemental ordi- 
nance as shall be deemed necessary or desirable by the 
City for the purposes of modifying, altering, amending, 
adding to or rescinding, in any particular, any of the terms 
or provisions contained in this ordinance; provided, how- 
ever, that, unless approved in writing by all the Holders 
of Outstanding Bonds, nothing herein contained shall per- 
mit, or be construed as permitting, (i) a change in the 
terms of redemption or maturity of the principal of or the 
interest on any Outstanding Bond, or a reduction in the 
principal amount or redemption price of any Outstanding 
Bond or the rate of interest thereon, or (ii) the creation of 
a claim or lien upon, or a pledge of, the Receipts and 
Revenues of the City from the Loan ranking prior to or on 
a parity with the claim, lien or pledge created by this 
ordinance, or (iii) a preference or priority of any Bond or 
Bonds over any other Bond or Bonds, or (iv) a reduction in 
the aggregate principal amount of the Bonds required for 
consent to such supplemental ordinance. 

2. If at any time the City shall determine to adopt any 
supplemental ordinance for any of the purposes of this 
section, if coupon Bonds are then Outstanding, it shall 
cause notice of the proposed supplemental ordinance to be 
published at least once a week for two successive weeks in a 
newspaper carrying financial news published at least 
weekly in the English language and of general circulation 
in Baltimore, Maryland. It shall also cause a similar notice 
to be mailed by registered mail, postage prepaid, to all 
Holders of Bonds registered as to principal and to all Bond- 
holders who shall have filed their names and addresses with 
the Trustee for such purpose. Such notice shall briefly set 
forth the nature of the proposed supplemental ordinance 
and shall state that a copy thereof is on file at the office 
of the Trustee for inspection by all Bondholders. 



ORDINANCES 199 

3. Within one hundred and twenty (120) days after 
the date of the first publication of such notice, the City 
may enact (the date of enactment shall be the date of pas- 
sage and not the effective date) such supplemental ordi- 
nance in substantially the form described in such notice 
only if there shall have first been filed with the City (a) 
the written consents of Holders of not less than sixty-six 
and two-thirds percent (66%%) in aggregate principal 
amount of the Bonds then Outstanding and (b) an opinion 
of counsel stating that such supplemental ordinance is 
authorized or permitted by this ordinance and complies 
with its terms, and that upon enactment it will be valid and 
binding upon the City in accordance with its terms. 

4. If the Holders of not less than the percentage of 
Bonds required by this section shall have consented to and 
approved the enactment thereof as herein provided, no 
Holder of any Bond shall have any right to object to the 
enactment of such supplemental ordinance, or to object to 
any of the terms and provisions contained therein or to the 
operation thereof, or in any manner to question the pro- 
priety of the enactment thereof, or to enjoin or restrain 
the City from enacting the same or from taking any action 
pursuant to the provisions thereof. 

5. Upon the adoption of any supplemental ordinance 
pursuant to the provisions of this section, this ordinance 
shall be, and be deemed to be, modified and amended in 
accordance therewith, and the respective rights, duties and 
obligations under this ordinance of the City, the Trustee 
and all Holders of Bonds then Outstanding shall thereafter 
be determined, exercised and enforced under this ordi- 
nance subject in all respects to such modifications and 
amendments. 

Sec. 13.04. Any supplemental ordinance adopted in 
accordance with the provisions of this article shall there- 
after form a part of this ordinance and all the terms and 
conditions contained in any such supplemental ordinance 
as to any provision authorized to be contained therein shall 
be and shall be deemed to be part of the terms and condi- 
tions of this ordinance for any and all such purposes. 

Sec. 13.05. Anything herein to the contrary notwith- 
standing, any supplemental ordinance under this article 



200 ORDINANCES Ord. No. 36 

which affects any rights, powers or authority of the Indus- 
try under the Loan Agreement or requires a revision of 
the Loan Agreement shall not become effective unless and 
until the Industry shall have consented to such supple- 
mental ordinance. 

Sec. 13.06. The City and the Trustee may, without the 
consent of or notice to the Bondholders consent to any 
amendment, change or modification of the Loan Agreement 
as may be required (i) by the provisions of the Loan Agree- 
ment and this ordinance, (ii) in connection with the issu- 
ance of Additional Bonds as provided in Section 2.09 
hereof, (iii) for the purpose of curing any ambiguity or 
formal defect or omission, or (iv) in connection with any 
other change therein which, in the judgment of the 
Trustee, is not to the prejudice of the Trustee, or materially 
adverse to the Holders of the Bonds. 

Sec. 13.07. Except as provided in Section 13.06 of this 
ordinance, the City and the Trustee shall not consent to 
any amendment, change or modification of the Loan Agree- 
ment without publication of notice and the written ap- 
proval or consent of the Holders of not less than sixty-six 
and two-thirds percent (66%%) in aggregate principal 
amount of the Bonds at the time Outstanding given and 
procured as in Section 13.03 provided. If at any time the 
City and the Industry shall request the consent of the 
Trustee to any such proposed amendment, change or modi- 
fication, the Trustee shall cause notice of such proposed 
amendment, change or modification to be published in the 
same manner as provided by Section 13.03 with respect to 
supplemental ordinances. Such notice shall briefly set forth 
the nature of such proposed amendment, change or modi- 
fication and shall state that copies of the instrument em- 
bodying the same are on file at the principal office of the 
Trustee for inspection by all Bondholders. 

ARTICLE XIV 

Miscellaneous 

Sec. 14.01. In the event of the dissolution of the City, 
all the covenants, stipulations, promises and agreements 
in this ordinance contained, by or on behalf of, or for the 
benefit of, the City, shall bind or inure to the benefit of the 



ORDINANCES 201 

successors of the City from time to time and any entity, 
officer, board, commission, agency or instrumentality to 
whom or to which any power or duty of the City shall be 
transferred. 

Sec. 14.02. Except as herein otherwise specifically pro- 
vided, nothing in this ordinance expressed or implied is 
intended or shall be construed to confer upon any person, 
firm or corporation other than the City and the Trustee 
and the Holders of the Bonds and coupons issued hereunder, 
any right, remedy or claim under or by reason of this ordi- 
nance, this ordinance being intended to be for the sole and 
exclusive benefit of the City and the Trustee and the Hold- 
ers of the Bonds and coupons issued hereunder. 

Sec. 14.03. In case any one or more of the provisions of 
this ordinance or of the Loan Agreement or of the Bonds 
or coupons issued hereunder shall, for any reason, be held 
to be illegal or invalid, such illegality or invalidity shall not 
affect any other provision of this ordinance or of the Loan 
Agreement or of said Bonds or coupons, and this ordinance 
and the Loan Agreement and the Bonds and coupons shall 
be construed and enforced as if such illegal or invalid pro- 
visions had not been contained therein. 

Sec. 14.04. No covenant or agreement contained in the 
Bonds or coupons or in this ordinance shall be deemed to be 
the covenant or agreement of any official, officer, agent, or 
employee of the City in his individual capacity, and 
neither the members of the City Council nor any official 
executing the Bonds shall be liable personally on the Bonds 
or coupons or be subject to any personal liability or ac- 
countability by reason of the issuance thereof. 

Sec. 14.05. The laws of the State of Maryland shall 
govern the construction of this ordinance and of all Bonds 
and coupons issued hereunder. 

ARTICLE XV 

Forms of Bonds, Coupons, Trustee's Authentication 
Certificate and Loan Agreement 

Sec. 15.01. Subject to the provisions of this ordinance 
and any ordinance supplemental hereto adopted in accord- 



202 ORDINANCES Ord. No. 36 

ance with Article XIII hereof, the coupon Bonds, the cou- 
pons for interest to be attached thereto, the notation for 
registration to be printed thereon, the registered Bonds, the 
certificate of authentication to be executed thereon by the 
Trustee and the Loan Agreement to be executed by the 
Mayor and City Council of Baltimore and the Industry are 
to be in substantially the following forms, with necessary 
or appropriate variations, omissions and insertions as per- 
mitted or required by this ordinance. 

(FORM OF COUPON BOND) 

No $5,000 

United States of America 
State of Maryland 
City of Baltimore 

% Industrial Development Revenue Bond 



(Lifschultz Fast Freight Project) 
1976 Series 

The Mayor and City Council of Baltimore (the "City"), a 
political subdivision and a body corporate and politic cre- 
ated and existing under the Constitution and laws of the 
State of Maryland, for value received, hereby promises to 
pay (but only out of the "Receipts and Revenues of the 
City from the Loan" as herein defined) to the bearer or, if 
this Bond be registered, to the registered owner hereof, on 

, or earlier as herein referred to, upon the 

presentation and surrender hereof, the principal sum of 
Five Thousand Dollars ($5,000) and to pay interest thereon 
(but only out of the "Receipts and Revenues of the City 
from the Loan" as herein defined) from the date hereof 
until maturity or, if this Bond shall have been duly called 
for earlier redemption and payment of the redemption price 
shall have been made or provided for, until the date fixed 

for the redemption hereof, at the rate of per 

centum ( %) per annum, payable semi-annually on 

the first days of and in each year, 

commencing , upon presentation and sur- 
render of the appropriate coupons hereto attached as they 
severally mature. Both principal and interest on this Bond 
are payable at the principal office of 



ORDINANCES 203 

(the "Trustee"), or of its successor as Trustee, in any coin 
or currency of the United States of America which, at the 
respective times of payment, is legal tender for the payment 
of public and private debts. 

This Bond is one of a duly authorized issue of revenue 
bonds of the City, not exceeding Four Hundred Thousand 
Dollars ($400,000) in principal amount and issued under 
and pursuant to the Constitution and laws of the State of 
Maryland, particularly Sections 266-A to 266-1, inclusive, 
of Article 41 of the Annotated Code of Maryland (1971 Re- 
placement Volume, as amended), and under and pursuant 

to Ordinance No of the Mayor and City Council of 

Baltimore approved (the "Ordinance"), for 

the purpose of financing the acquisition and construction 
by Lifschultz Fast Freight, Inc., a Delaware corporation 
(the "Industry") of a freight terminal and warehouse 
(the "Industrial Facilities") at the Property in the City. 

The Bonds are equally and ratably secured, to the extent 
provided in the ordinance, by the pledge thereunder of the 
"Receipts and Revenues of the City from the Loan", which 
term is used herein as defined in the ordinance and which 
as therein defined includes all the payments payable by 
the Industry to the City under the Loan Agreement between 

the City and the Industry dated as of (the 

"Loan Agreement") and all other revenues of the City 
attributable to the financing of the Industrial Facilities. 

As more fully provided in the ordinance, the Bonds do 
not constitute an indebtedness or obligation to which the 
full faith and credit of the City are pledged but are limited 
obligations of the City, which is obligated to pay the prin- 
cipal of and the interest on the Bonds only out of the Re- 
ceipts and Revenues of the City from the Loan. The Bonds 
may also be paid out of any other moneys made available 
to the City or the Trustee for the payment thereof. The 
principal of and the interest on this Bond does not, and 
shall not ever, constitute an indebtedness or a charge 
against the general credit or taxing powers of the State of 
Maryland or the City or any other political subdivision of 
such State within the meaning of any constitutional or 
charter provision or statutory limitation and shall not con- 
stitute or give rise to any pecuniary liability of the City. 



204 ORDINANCES Ord. No. 36 

Reference is hereby made to the ordinance for a full and 
complete statement of the provisions with respect to the 
custody and application of the proceeds of the Bonds, the 
collection and disposition of the Receipts and Revenues of 
the City from the Loan pledged as security for the pay- 
ment of the Bonds and interest thereon, the nature and 
extent of the security and the rights of the holders of the 
Bonds and coupons in respect thereto, the terms and condi- 
tions on which, and the purposes for which, the Bonds are 
issued and the rights, duties and obligations of the City and 
the Trustee thereunder, to all of which the holder hereof, 
by acceptance of this Bond, assents. 

As provided in the ordinance, Bonds of other series 
ranking on a parity with the Bonds of the series of which 
this Bond is one may be issued, and such additional bonds 
may vary in such manner as is provided and permitted in 
the ordinance. 

This Bond is negotiable and shall pass by delivery, ex- 
cept when registered as to principal other than to bearer. 
This Bond may be registered as to principal in the name 
of the owner on the registration books of the City in the 
principal office of the City Treasurer as bond registrar, 
upon presentation hereof at such office and the notation 
of such registration endorsed hereon by the bond registrar, 
and upon payment of any tax or other governmental charge 
required to be paid with respect to such registration, and 
this Bond may thereafter be transferred only on such 
books, at the written request of the registered owner or 
his duly authorized attorney, and evidence of such transfer 
shall be in like manner endorsed hereon ; but this Bond may 
be discharged from registration by being in like manner 
transferred to bearer, after which it shall again become 
transferable by delivery; and this Bond may again and 
from time to time be registered or discharged from regis- 
tration in the same manner. Registration of this Bond shall 
not affect the negotiability of the coupons hereto attached, 
which shall continue to pass by delivery and shall remain 
payable to bearer. 

The Bonds are issuable in the form of coupon Bonds, reg- 
istrable as to principal only in the denomination of $5,000 
each, and in the form of registered Bonds without coupons 
in the denominations of $5,000 each or any multiple thereof 



ORDINANCES 205 

not exceeding the aggregate principal amount of Bonds 
maturing in any one year. 

The coupon Bonds, upon surrender thereof at the principal 
office of the City Treasurer with all unmatured coupons, 
may, at the option of the holder thereof, be exchanged for 
an equal aggregate principal amount of registered Bonds 
without coupons of the same maturity and interest rate or 
any of the authorized denominations, upon payment of any 
tax or other governmental charge and subject to such con- 
ditions, registered Bonds without coupons, upon the sur- 
render thereof at the principal office of the City Treasurer 
with a written instrument of transfer satisfactory to the 
City Treasurer, duly executed by the registered owner or 
his duly authorized attorney, may, at the option of the reg- 
istered owner thereof, be exchanged for an equal aggregate 
principal amount of coupon Bonds of the same maturity 
and interest rate with appropriate coupons attached, or of 
registered Bonds without coupons of the same maturity 
and interest rate of any other authorized denominations. 

(REDEMPTION PROVISIONS TO BE INSERTED 
HERE WHEN ADOPTED BY RESOLUTION OF THE 
COMMISSIONERS OF FINANCE) 

(SCHEDULE TO BE INSERTED HERE WHEN 
ADOPTED BY RESOLUTION OF THE COMMISSION- 
ERS OF FINANCE) 

In the event any of the Bonds are called for redemption 
as aforesaid, notice thereof specifying the Bonds to be re- 
deemed shall be given by publication not less than thirty 
days and not more than sixty days prior to the redemption 
date in a newspaper or financial journal of general circu- 
lation published in Baltimore, Maryland, and in the case of 
the redemption of registered Bonds, upon mailing a copy of 
the redemption notice by registered mail at least thirty 
days prior to the date fixed for redemption to the holder of 
each registered Bond to be redeemed at the address shown 
on the registration books; provided, however, that failure 
to give such notice by mailing, or any defect therein, shall 
not affect the validity of any proceedings for the redemp- 
tion of Bonds. If all of the Bonds to be redeemed are 
registered Bonds, notice by mailing given by registered 
mail to the holder or holders thereof, at the addresses 



206 ORDINANCES Ord. No. 36 

shown on the registration books not less than thirty days 
prior to the date fixed for redemption as aforesaid shall be 
sufficient, and published notice of the call for redemption 
need not be given, and failure duly to give such notice by 
mailing, or any defect in the notice, to the holder of any 
registered Bond designated for redemption shall not affect 
the validity of the proceedings for the redemption of any 
other Bond. All Bonds so called for redemption will cease 
to bear interest on the specified redemption date, provided 
funds for their redemption are on deposit with the Trustee 
and shall no longer be protected by the ordinance and shall 
not be deemed to be outstanding under the provisions of 
the ordinance. If, because of the temporary or permanent 
suspension of the publication or general circulation of any 
newspaper or financial journal or for any other reason, it 
is impossible or impractical to publish such notice of call 
for redemption in the manner herein provided, then such 
publication in lieu thereof as shall be made with the ap- 
proval of the Trustee shall constitute a sufficient publica- 
tion of notice. 

Pursuant to the Loan Agreement, payments sufficient 
for the prompt payment when due of the principal of and 
interest on the Bonds are to be paid to the Trustee for the 
account of the City and deposited in a special account 
created by the City and designated "City of Baltimore In- 
dustrial Facilities Bond Fund — Lifschultz Fast Freight 
Project" and have been pledged for that purpose. 

The holder of this Bond shall have no right to enforce the 
provisions of the ordinance, or to institute action to en- 
force the covenants therein, or to take any action with 
respect to any default under the ordinance, or to institute, 
appear in or defend any suit or other proceedings with 
respect thereto, except as provided in the ordinance. 

All acts, conditions and things required by the Constitu- 
tion and statutes of the State of Maryland, the Charter of 
the City and the ordinance to exist, to have happened and 
to have been performed precedent to and in the issuance of 
this Bond, do exist, have happened and have been per- 
formed. 

No covenant or agreement contained in this Bond or the 
ordinance shall be deemed to be a covenant or agreement of 
any officer, agent or employee of the City in his individual 



ORDINANCES 207 

capacity, and neither the members of the City Council of 
the City nor the official executing this Bond shall be per- 
sonally liable on this Bond or be subject to any personal 
liability or accountability by reason of the issuance of this 
Bond. 

Neither this Bond, nor any of the coupons for interest 
attached hereto, shall be entitled to any benefit under the 
ordinance, or be valid or become obligatory for any purpose, 
until this Bond shall have been authenticated by the execu- 
tion by the Trustee, or its successor as Trustee, of the 
Certificate of Authentication inscribed hereon. 

IN WITNESS WHEREOF, the Mayor and City Council 
of Baltimore, Maryland, has caused this Bond to be executed 
by its Mayor, by his manual or facsimile signature, and its 
corporate seal or a facsimile thereof to be affixed, im- 
printed, engraved, or otherwise reproduced hereon, and 
attested by the City Treasurer, or Deputy City Treasurer, 
by his manual signature, and has caused the interest cou- 
pons attached to be executed by the facsimile signature of 
said Treasurer, or Deputy City Treasurer, all as of the 

day of 

Mayor and City Council of Baltimore 

By 

(SEAL) Mayor 

Attest : 



City Treasurer or 
Deputy City Treasurer 



Certificate of Registration 

(There must be no writing in the space below 
except by the bond registrar) 

Signature of 
Name of City Treasurer 

Date of Registered or Deputy 

Registration Holder City Treasurer 



208 ORDINANCES Ord. No. 36 

(FORM OF INTEREST COUPON) 



No $. 



On the first day of 19...., the Mayor and City 

Council of Baltimore (unless the Bond to which this coupon 
appertains shall have been duly called for previous re- 
demption and payment of the redemption price made or 
provided for) will pay to bearer, subject to the provisions 
of the ordinance, but solely from the Receipts and Revenues 
of the City from the Loan, all as described in the Bond 
hereinafter mentioned, and upon presentation and sur- 
render of this coupon at the principal office of the Trustee, 

in the City of , State of 

or its successor in trust, the amount shown 

hereon in lawful money of the United States of America, as 
provided in and being semi-annual interest then due on its 
Industrial Development Revenue Bond (Lifschultz Fast 

Freight Project), 1976 Series, dated as of , 

Numbered 

By.. 

City Treasurer or 
Deputy City Treasurer 

(FORM OF REGISTERED BOND 
WITHOUT COUPONS) 

No 

United States of America 
State of Maryland 
City of Baltimore 

% Industrial Development Revenue Bond 

(Lifschultz Fast Freight Project) 
1976 Series 

The Mayor and City Council of Baltimore (the "City"), 
a political subdivision and a body corporate and politic 
created and existing under the Constitution and laws of the 
State of Maryland, for value received, hereby promises to 
pay (but only out of the "Receipts and Revenues of the City 
from the Loan" as herein defined) to or reg- 
istered assigns, on , or earlier as herein re- 
ferred to, upon the presentation and surrender hereof, the 
principal sum of Dollars ($ ) 






ORDINANCES 209 

and to pay interest thereon (but only out of the "Receipts 
and Revenues of the City from the Loan" as herein denned) 
from the date hereof until maturity or, if this Bond shall 
have been duly called for earlier redemption and payment 
of the redemption price shall have been made or provided 
for, until the date fixed for redemption hereof at the rate of 
per centum ( %) per annum payable semi- 
annually on the first days of and 

in each year, commencing Both principal 

and interest on this Bond are payable at the principal office 

of (the "Trustee"), or of its successor as 

Trustee, in any coin or currency of the United States of 
America which, at the respective times of payment, is legal 
tender for the payment of public and private debts. 

This Bond is one of a duly authorized issue of revenue 
bonds of the City, not exceeding Four Hundred Thousand 
Dollars ($400,000) in principal amount, and issued under 
and pursuant to the Constitution and laws of the State of 
Maryland, particularly Sections 266A to 266-1, inclusive, of 
Article 41 of the Annotated Code of Maryland (1971 Re- 
placement Volume, as amended) , and under and pursuant to 
Ordinance No of the Mayor and City Council of Bal- 
timore, approved (the "Ordinance") for the 

purpose of financing the acquisition and construction by 
Lifschultz Fast Freight, Inc., a Delaware corporation (the 
"Industry") of a freight terminal and warehouse (the "In- 
dustrial Facilities") at the Property in the City. 

The Bonds are equally and ratably secured, to the extent 
provided in the ordinance, by the pledge thereunder of the 
"Receipts and Revenues of the City from the Loan", which 
term is used herein as defined in the ordinance and which 
as therein defined includes all the payments payable by the 
Industry to the City under the Loan Agreement between 

the City and the Industry dated as of (the 

"Loan Agreement") and all other revenues of the City 
attributable to the financing of the Industrial Facilities. 

As more fully provided in the ordinance, the Bonds do not 
constitute an indebtedness or obligation to which the full 
faith and credit of the City are pledged but are limited 
obligations of the City, which is obligated to pay the prin- 
cipal of and the interest on the Bonds only out of the Re- 
ceipts and Revenues of the City from the Loan. The Bonds 



210 ORDINANCES Ord. No. 36 

may also be paid out of any other moneys made available 
to the City or the Trustee for the payment thereof. The 
principal of and the interest on this Bond does not, and 
shall not ever, constitute an indebtedness or a charge 
against the general credit or taxing powers of the State of 
Maryland or the City or any other political subdivision of 
such State within the meaning of any constitutional or 
charter provision or statutory limitation and shall not con- 
stitute or give rise to any pecuniary liability of the City. 

Reference is hereby made to the ordinance for a full and 
complete statement of the provisions with respect to the 
custody and application of the proceeds of the Bonds, the 
collection and disposition of the Receipts and Revenues 
of the City from the Loan pledged as security for the pay- 
ment of the Bonds and the interest thereon, the nature and 
extent of the security and the rights of the holders of the 
Bonds and coupons in respect thereto, the terms and condi- 
tions on which, and the purposes for which, the Bonds are 
issued and the rights, duties and obligations of the City 
and the Trustee thereunder, to all of which the holder 
hereof, by acceptance of this Bond assents. 

As provided in the ordinance, bonds of other series rank- 
ing on a parity with the Bonds of the series of which this 
Bond is one may be issued; and such additional bonds may 
vary in such manner as is provided and permitted in the 
ordinance. 

The Bonds are issuable in the form of coupon Bonds, 
registrable as to principal only, in the denomination of 
$5,000 each, and in the form of registered Bonds without 
coupons in the denomination of $5,000 each, or any mul- 
tiple thereof not exceeding the aggregate principal amount 
of Bonds maturing in any one year. Bonds, upon surrender 
thereof at the principal office of the City Treasurer with 
all unmatured coupons may, at the option of the holder 
thereof, be exchanged for an equal aggregate principal 
amount of registered Bonds without coupons of the same 
maturity and interest rate of any of the authorized denomi- 
nations, upon payment of any tax or other governmental 
charge required to be paid with respect to such exchange, 
and in the manner and subject to the conditions provided 
in the ordinance. In like manner, upon payment of any re- 
quired tax or other governmental charge and subject to 



ORDINANCES 211 

such conditions, registered Bonds without coupons, upon 
the surrender thereof at the principal office of the City 
Treasurer, duly executed by the registered owner or his 
duly authorized attorney, may, at the option of the regis- 
tered owner thereof, be exchanged for an equal aggregate 
principal amount of coupon Bonds of the same maturity and 
interest rate with appropriate coupons attached or of reg- 
istered Bonds without coupons of the same maturity and 
interest rate of any other authorized denominations. 

(REDEMPTION PROVISIONS TO BE INSERTED 
HERE WHEN ADOPTED BY RESOLUTION OF THE 
COMMISSIONERS OF FINANCE) 

In the event any of the Bonds are called for redemption 
as aforesaid, notice thereof specifying the Bonds to be re- 
deemed shall be given by publication not less than thirty 
days and not more than sixty days prior to the redemption 
date in a newspaper or financial journal of general cir- 
culation published in Baltimore, Maryland, and in the case of 
the redemption of registered Bonds, upon mailing a copy 
of the redemption notice by registered mail at least thirty 
days prior to the date fixed for redemption to the registered 
owner of any Bond to be redeemed at the address shown 
on the registration books; provided, however, that failure 
to give such notice by mailing, or any defect therein, shall 
not affect the validity of any proceedings for the redemp- 
tion of Bonds. If all the Bonds to be redeemed are registered 
Bonds, notice by mailing given by registered mail to the 
holder or holders thereof, at the addresses shown on the 
registration books not less than thirty days prior to the 
date fixed for redemption as aforesaid shall be sufficient, 
and published notice of the call for redemption need not be 
given, and failure duly to give such notice by mailing, or 
any defect in the notice, to the holder of any registered 
Bond designated for redemption shall not affect the validity 
of the proceedings for the redemption of any other Bond. 
All Bonds so called for redemption will cease to bear inter- 
est on the specified redemption date, provided funds for 
their redemption are on deposit with the Trustee and shall 
no longer be protected by the ordinance and shall not be 
deemed to be outstanding under the provisions of the ordi- 
nance. If, because of the temporary or permanent suspen- 
sion of the publication or general circulation of any news- 



212 ORDINANCES Ord. No. 36 

paper or financial journal or for any other reason, it is 
impossible or impractical to publish such notice of call for 
redemption in the manner herein provided, then such pub- 
lication in lieu thereof as shall be made with the approval 
of the Trustee shall constitute a sufficient publication of 
notice. 

Less than all of a registered Bond without coupons in a 
denomination greater than $5,000 may be so redeemed, and 
in such case, upon the surrender of such Bond to the 
Trustee, there shall be issued to the registered owner 
thereof, without charge therefor, for the unredeemed bal- 
ance of the principal amount of such Bond, at the option of 
such owner, either coupon Bonds or registered Bonds with- 
out coupons of like series, maturity and interest rate of 
any of the authorized denominations, as more fully set 
forth in the ordinance. 

Pursuant to the Loan Agreement, payments sufficient for 
the prompt payment when due of the principal of and inter- 
est on the Bonds are to be paid to the Trustee for the 
account of the City and deposited in a special account 
created by the City and designated "City of Baltimore In- 
dustrial Facilities Bond Fund — Lifschultz Fast Freight 
Project" and have been pledged for that purpose. 

The holder of this Bond shall have no right to enforce the 
provisions of the ordinance, or to institute action to en- 
force the covenants therein, or to take any action with 
respect to any default under the ordinance, or to institute, 
appear in or defend any suit or other proceedings with 
respect thereto, except as provided in this ordinance. 

All acts, conditions and things required by the Consti- 
tution and statutes of the State of Maryland, the Charter of 
the City and the ordinance to exist, to have happened and 
to have been performed precedent to and in the issuance of 
this Bond, do exist, have happened and have been per- 
formed. 

No covenant or agreement contained in this Bond or the 
ordinance shall be deemed to be a covenant or agreement 
of any officer, agent or employee of the City in his indi- 
vidual capacity, and neither the members of the City 
Council of the City nor any official executing this Bond 
shall be liable personally on this Bond or be subject to any 



ORDINANCES 213 

personal liability or accountability by reason of the issu- 
ance of this Bond. 

This Bond shall not be entitled to any benefit under the 
ordinance, or be valid or become obligatory for any pur- 
pose, until this Bond shall have been authenticated by the 
execution by the Trustee, or its successor as Trustee, of the 
Certificate of Authentication inscribed hereon. 

IN WITNESS WHEREOF, the Mayor and City Council 
of Baltimore, Maryland, has caused this Bond to be executed 
by its Mayor, by his manual or facsimile signature, and its 
corporate seal or a facsimile thereof to be affixed, im- 
printed, engraved or otherwise reproduced hereon, and 
attested by the City Treasurer or Deputy City Treasurer, 
by his manual signature, all as of the day of 

Mayor and City Council of Baltimore 

By 

Mayor 

(SEAL) 

Attest : 



City Treasurer or 
Deputy City Treasurer 



(FORM OF TRUSTEE'S CERTIFICATE OF 

AUTHENTICATION TO BE ENDORSED 

ON ALL BONDS) 

This Bond is one of the Bonds of the issue described in 
the within mentioned ordinance 



As Trustee 

By 

Authorized Signature 

(FORM OF LOAN AGREEMENT) 

LOAN AGREEMENT 

THIS LOAN AGREEMENT, dated as of 

between the Mayor and City Council of Baltimore, a body 



214 ORDINANCES Ord. No. 36 

politic and corporate and a political subdivision of the State 
of Maryland, party of the first part and Lifschultz Fast 
Freight, Inc., a corporation organized under the laws of the 
State of Delaware, party of the second part. 

WITNESSETH: 

IN CONSIDERATION of the respective representations 
and agreements hereinafter contained, the parties hereto 
agree as follows (provided, that in the performance of the 
agreements of the party of the first part herein contained, 
any obligation it may thereby incur for the payment of 
money shall not create a pecuniary liability or a charge 
upon its general credit or against its taxing powers but 
shall be payable solely out of the proceeds derived from this 
Loan Agreement and the sale of the Bonds referred to in 
Section 3.2 hereof) : 

ARTICLE I 

Definitions 

Sec. 1.1. Certain terms used in this Loan Agreement are 
hereinafter defined in this Section 1.1. When used herein, 
such terms shall have the meanings given to them by the 
language employed in this Article I defining such terms, 
unless the context clearly indicates otherwise : 

"Act" means Sections 266-A to 266-1, inclusive, of Ar- 
ticle 41 of the Annotated Code of Maryland (1971 Replace- 
ment Volume, as amended), and all future acts supple- 
mental thereto or amendatory thereof. 

"Agreement" or "Loan Agreement" means the within 
Loan Agreement between the City and the Industry. 

"Authorized City Representative" means the person at 
the time designated to act in behalf of the City by written 
certificate furnished to the Industry and the Trustee, con- 
taining the specimen signature of such person and signed 
on behalf of the City by the Mayor. Such certificate may 
designate an alternate or alternates. 

"Authorized Industry Representative" means the person 
at the time designated to act in behalf of the Industry by 
written certificate furnished to the City and the Trustee 



ORDINANCES 215 

containing the specimen signature of such person and 
signed on behalf of the Industry by its Chairman, President, 
or any Vice President. Such certificate may designate an 
alternate or alternates. 

"Bonds" means the Bonds of the City from time to time 
issued and Outstanding under the ordinance. The 1976 
Series Bonds means the Industrial Development Revenue 
Bonds (Lifschultz Fast Freight Project), 1976 Series, of 
the City, to be issued pursuant to the ordinance. 

"Bond Fund" means the Bond Fund created in Section 
5.02 of the ordinance and referred to herein. 

"City" means the Mayor and City Council of Baltimore, a 
body corporate and politic and a political subdivision of the 
State of Maryland, and its successors and assigns. 

"Commissioners" means that board of finance known as 
the Commissioners of Finance of the City of Baltimore. 

"Completion Date" means the date of completion of the 
construction of the Industrial Facilities as that date shall be 
certified as provided in Section 3.5 hereof. 

"Construction Fund" means the Construction Fund cre- 
ated in Section 6.02 of this ordinance and referred to herein. 

"Independent Counsel" means an attorney duly admitted 
to practice law before the highest court of any state and 
not an employee of either the City or the Industry. 

"Industrial Facilities" means the freight terminal and 
warehouse described in Exhibit A to this Agreement to be 
constructed on the Property and related improvements 
and any substitutions therefor, to be acquired by the In- 
dustry and to be financed under this Agreement and the ordi- 
nance for operation by the Industry as an industrial 
building, as defined in the Act. 

"Industry" means: (i) the party of the second part 
hereto and its successors and assigns; and (ii) any surviv- 
ing, resulting or transferee corporation as provided in 
Section 6.3 hereof. 

"Mayor and City Council" means the governing body of 
the City of Baltimore, Maryland and any successor body. 



216 ORDINANCES Ord. No. 36 

"Note" means the note executed by the Industry in sub- 
stantially the form provided in Exhibit B to this Agree- 
ment. 

"Ordinance" means the ordinance of the City enacted on 

, 1976 providing for the terms and provisions 

under which the Bonds will be issued and pursuant to which 
the City's interest in this agreement is pledged as security 
for the payment of principal of and interest on the Bonds. 

"Property" means a freight terminal and warehouse 
located in the City of Baltimore and more particularly de- 
scribed in Exhibit C attached hereto and known generally 
as Development Area No. 5, Quad Avenue Industrial Park. 

"Resolution" shall mean the resolution of the Commis- 
sioners of Finance providing for the details of the Bonds, 
all as provided in the ordinance. 

"Trustee" means the trust company or banking corpo- 
ration and its successor or successors as trustee under the 
ordinance, designated prior to the issuance of the Bonds 
by the Resolution. 

The words "hereof", "herein", "hereunder", and other 
words of similar import refer to this Loan Agreement as 
a whole. 

References to articles, sections, and other subdivisions 
of this Loan Agreement are to the designated articles, sec- 
tions, and other subdivisions of this Loan Agreement as 
originally executed. 

The headings in this Loan Agreement are for convenience 
only and shall not define or limit the provisions hereof. 

ARTICLE II 

Representations and Undertakings 

Sec. 2.1. Representations by the City. The City makes 
the following representations as the basis for the under- 
takings on the part of the Industry herein contained : 

(a) The City is a political subdivision of the State of 
Maryland, and a body corporate and politic created and 
existing under the Constitution and laws of the State of 
Maryland ; 






ORDINANCES 217 

(b) Under the terms of the Act the City has the power 
to enter into the transactions contemplated by this Agree- 
ment and to carry out its obligations hereunder; 

(c) The City is not in default under any of the provi- 
sions of the laws of the State of Maryland which would 
affect its existence or its powers referred to in the preced- 
ing subsection (b). 

(d) Under the terms of the Act the City has power to 
enter into this Agreement, and by ordinance has duly 
authorized the execution and delivery hereof ; and 

(e) Under existing statutes and decisions no taxes on 
income or profits are imposed on the City. 

Sec. 2.2. Representations by the Industry. The Industry 
makes the following representations as the basis for the 
undertakings on its part herein contained : 

(a) The Industry is a corporation duly incorporated 
under the laws of Delaware, is in good standing under its 
charter and the laws of Delaware, it is duly authorized to 
conduct business in Maryland, and has power to enter into 
this Agreement and by proper corporate action has been 
duly authorized to execute and deliver this Agreement. 

(b) Neither the execution and delivery of this agree- 
ment, the consummation of the transactions contemplated 
hereby, nor the fulfillment of or compliance with the terms 
and conditions of this Agreement, conflict with or result in a 
breach of any of the terms, conditions or provisions of any 
corporate restriction of any agreement or instrument to 
which the Industry is now a party or by which it is bound, 
or constitute a default under any of the foregoing. 

(c) The City and the Industry agreed that the City 
would assist the Industry to finance the Industrial Facilities 
through the issuance of Bonds pursuant to the Act. The con- 
struction of Industrial Facilities, including the reimburse- 
ment of the Industry for loans incurred or funds heretofore 
advanced as aforesaid for such purposes, will require the 
expenditure of not exceeding $400,000 ; provided, however, 
that should such expenditures exceed $400,000, the Indus- 
try will supply such excess from other sources. When com- 
pleted the Industry proposes to operate and maintain the 



218 ORDINANCES Ord. No. 36 

Industrial Facilities in accordance with all applicable stat- 
utes, rules and regulations. 

Sec. 2.3. Findings by City. The City hereby confirms 
its findings that: 

(a) The Industry is engaged in industrial activities in 
the City of Baltimore, Maryland requiring substantial cap- 
ital and creating substantial employment opportunities, and 
is financially able to assume all obligations prescribed by the 
Act and by the ordinance and is qualified as an "industrial 
concern" to borrow the proceeds of the Bonds from the City 
to finance the acquisition by the Industry of the Industrial 
Facilities for purposes of the Act ; 

(b) The Industrial Facilities will promote the purposes 
of the Act by (i) maintaining employment and relieving 
unemployment in the City of Baltimore, Maryland, and else- 
where in the State of Maryland, (ii) encouraging the in- 
crease of industry and a balanced economy in the State of 
Maryland, (iii) promoting economic development ; and (iv) 
thus promoting the health, welfare and safety of the resi- 
dents of the City of Baltimore, Maryland, and of the State of 
Maryland. 

ARTICLE III 

Construction of Industrial Facilities 

Sec. 3.1. Agreement to Construct Industrial Facilities. 
The Industry agrees that it will proceed with all reasonable 
dispatch to construct, install and complete the Industrial 
Facilities. 



Sec. 3.2. Agreement to Issue 1976 Series Bonds; Ap- 
plication of Bond Proceeds. In order to provide funds for 
payment of the costs of the Industrial Facilities, the City 
agrees that it will sell and cause to be delivered to the 
purchasers thereof the 1976 Series Bonds in the aggregate 
principal amount of not exceeding $400,000, and will there- 
upon: (i) deposit in the Bond Fund all accrued interest 
received on the sale of the Bonds; and (ii) deposit in the 
Construction Fund the balance of the proceeds received 
from said sale. 



ORDINANCES 219 

Sec. 3.3. Disbursements from the Construction Fund. 
The City shall in the ordinance authorize and direct the 
Trustee to use the moneys in the Construction Fund for the 
following purposes (but subject to the provisions of Section 
3.8 hereof, for no other purposes) : 

(a) Payment of the initial or acceptance fee of the 
Trustee, the fees for filing any financing statements and 
any curative documents that either the Trustee, the City 
or Independent Counsel may deem desirable to file for rec- 
ord in order to perfect or protect the security interest 
under the ordinance; and the fees and expenses in connec- 
tion with any actions or proceedings that either the Trustee, 
the Industry, or Independent Counsel may deem desirable 
to bring in order to perfect or protect the security interest 
under the ordinance. 

(b) Payment to the Industry of such amounts, if any, 
as shall be necessary to reimburse the Industry in full for 
all advances and payments made by the Industry prior to 
or after the delivery of the Bonds for expenditures in con- 
nection with the acquisition and construction of the Indus- 
trial Facilities and the preparation of plans and specifica- 
tions therefor (including any preliminary study or plan- 
ning of the Industrial Facilities or any aspect thereof) and 
all construction, acquisition and installation expenses re- 
quired to provide utility services or other facilities and all 
real or personal properties deemed necessary in connection 
with the Industrial Facilities (including architectural, en- 
gineering and supervisory services with respect to any of 
the foregoing). 

(c) Payment of the cost of legal, financial and account- 
ing fees and expenses and reproduction costs incurred in 
connection with the authorization, sale and issuance of the 
Bonds, the preparation of this Agreement, the ordinance, 
the Resolution, and all other documents in connection there- 
with and in connection with the acquisition and construc- 
tion of the Industrial Facilities. 

(d) Payment for labor, services, materials and supplies 
used or furnished in site improvement and in the construc- 
tion of the Industrial Facilities, payment for the cost of the 
construction, acquisition, and installation of utility serv- 
ices or other facilities, and all real and personal property 



220 ORDINANCES Ord. No. 36 

deemed necessary in connection with the Industrial Facili- 
ties and payment for the miscellaneous expenses incidental 
to any of the foregoing items including the premium on 
any surety bond. 

(e) Payment of the fees, or out-of-pocket expenses of 
the City, if any, incurred with respect to the Industrial 
Facilities. 

(f) Payment to the Trustee as such payments become 
due, of the fees and expenses of the Trustee (as Trustee and 
paying agent) properly incurred under the ordinance that 
may become due prior to the Completion Date, or reim- 
bursement thereof if paid by the Industry. 

(g) To such extent as they shall not have been paid by 
a contractor for construction or installation with respect 
to any part of the Industrial Facilities, payment of the 
premiums on all insurance required to be taken out and 
maintained during the construction of the Industrial Fa- 
cilities, or reimbursement thereof if paid by the Industry. 

(h) Payment of the taxes, assessments and other 
charges, if any, that may have become payable during the 
construction of the Industrial Facilities, or reimbursement 
thereof if paid by the Industry. 

(i) Payment of expenses incurred in seeking to enforce 
any remedy against any contractor or subcontractor in 
respect of any default under a contract relating to the In- 
dustrial Facilities. 

(j) Payment of any other costs and expenses relating 
to the Industrial Facilities, including, without limitation, 
the payment of interest on the Bonds until the Completion 
Date, but in no event for a period longer than three (3) 
years following the date of the Bonds. 

(k) All moneys remaining in the Construction Fund 
after payment in full of the costs of acquiring, construct- 
ing and equipping the Industrial Facilities, and after pay- 
ment of all other items (or making provisions for the 
payment thereof) provided for in the preceding subsections 
(a) to (j), inclusive, of this section, shall at the direction 
of the Industry be: (i) used by the Trustee for the pur- 
chase of Bonds for the purpose of cancellation, at prices 



ORDINANCES 221 

not exceeding the principal amount thereof plus accrued 
interest thereon to the date of delivery, or (ii) paid into 
the Bond Fund. 

Each of the payments made pursuant to the preceding 
subsections (a) to (j), inclusive, of this section, shall be 
made only upon receipt by the Trustee of a written order 
by the Authorized Industry Representative, approved by 
the Authorized City Representative, which approval shall 
not be unreasonably withheld, which shall certify with re- 
spect to each such payment: (i) that none of the items for 
which the payment is proposed to be made has formed the 
basis for any payment theretofore made from the Con- 
struction Fund; and (ii) that each item for which the pay- 
ment is proposed to be made is or was necessary in connec- 
tion with the Industrial Facilities. 

Sec. 3.4. Trustee May Rely on Orders and Certifications. 
In making any such payment from the Construction Fund, 
the Trustee may rely on any such orders and certifications 
delivered to it pursuant to Section 3.3, and the Trustee 
shall be relieved of all liability with respect to making such 
payments in accordance with such orders and certifications. 

Sec. 3.5. Establishment of Completion Date. The Com- 
pletion Date shall be evidenced to the Trustee by a certifi- 
cate signed by the Authorized Industry Representative, 
stating that, except for amounts retained by the Trustee 
for Industrial Facilities costs not then due and payable as 
provided in Section 3.3 (k), construction of the Industrial 
Facilities has been completed in accordance with the speci- 
fications therefor and all labor, services, materials, and 
supplies used in such construction have been paid for, and 
all facilities necessary in connection with the Industrial 
Facilities have been constructed, acquired and installed in 
accordance with the specifications therefor and all costs 
and expenses incurred in connection therewith have been 
paid. Notwithstanding the foregoing, such certificate shall 
state that it is given without prejudice to any rights 
against third parties which exist at the date of such cer- 
tificate or which may subsequently come into being. It shall 
be the duty of the Industry to cause the certificate contem- 
plated by this Section 3.5 to be furnished as soon as the 
Industrial Facilities shall have been completed. 



222 ORDINANCES Ord. No. 36 

Sec. 3.6. Industry Required to Pay Construction Costs 
in Event Construction Fund Insufficient. In the event the 
moneys in the Construction Fund available to loan to the 
Industry for payment of the costs of the Industrial Facilities 
shall not be sufficient to pay the costs thereof in full, the 
Industry agrees to complete or cause to be completed, the 
Industrial Facilities and to finance all that portion of the 
costs of the Industrial Facilities as may be in excess of the 
moneys available therefor in the Construction Fund. The 
City does not make any warranty, either express or im- 
plied, that the moneys which will be paid into the Construc- 
tion Fund and which, under the provisions of this Agree- 
ment, will be available to loan to the Industry for payment 
of the costs of the Industrial Facilities, will be sufficient to 
provide loans to pay all the costs which have been or will 
be incurred in that connection. The Industry agrees that 
if after exhaustion of the moneys in the Construction Fund 
the Industry shall finance any portion of the said costs of 
the Industrial Facilities pursuant to the provisions of this 
Section, it shall not be entitled to any reimbursement 
therefor from the City or from the Trustee or from the 
Holders of any of the Bonds, nor shall it be entitled to any 
abatement or diminution of the payments required by Sec- 
tion 4.3 hereof. 

Sec. 3.7. Authorized Industry and City Representatives 
and Successors. The Industry and the City, respectively, 
shall designate, in the manner prescribed in Section 1.1, 
the Authorized Industry Representative and the Authorized 
City Representative. In the event that any person so desig- 
nated and his alternate or alternates, if any, should become 
unavailable or unable to take any action or make any 
certificate provided for or required in this Agreement, a 
successor shall be appointed in the same manner. 

Sec. 3.8. Investment of Construction Fund and Bond 
Fund Moneys Permitted. Any moneys held as a part of the 
Construction Fund or Bond Fund, and not required for im- 
mediate disbursements and withdrawal, shall be invested 
or reinvested by the Trustee to the extent such investments 
are not prohibited by law for investment of bond proceeds 
by the City, in (i) general obligations of, or obligations un- 
conditionally guaranteed as to principal and interest by, 



ORDINANCES 223 

the United States of America; (ii) bonds, debentures, par- 
ticipation certificates or notes issued by any agency or cor- 
poration which is or may hereafter be created by Act of 
the Congress of the United States as an agency or instru- 
mentality thereof; (iii) Public Housing Bonds, Temporary 
Notes or Preliminary Loan Notes, fully secured by con- 
tracts with the United States; (iv) certificates of deposit 
issued by the Trustee or any bank, trust company or na- 
tional banking association, organized under the laws of 
the United States or any state thereof, which has a com- 
bined capital and surplus of at least $40,000,000, in any 
amount if collaterally secured by securities of the type de- 
scribed in (i), (ii) and (iii) above having a market value 
of not less than the amount of the certificates of deposit so 
secured. Such investments shall be made in the discretion 
of the Trustee; provided, however, the Industry may by 
written direction from the Authorized Industry Represen- 
tative to the Trustee direct the investments and such invest- 
ments shall have maturities consonant with the need for 
funds as estimated by said Authorized Industry Represen- 
tative. The Trustee may, and to the extent required for 
payments from the Construction Fund or Bond Fund shall, 
sell any such investment at any time, and the proceeds of 
such sale, and of all payments at maturity and upon re- 
demption of such investments, shall be credited to the Fund 
in which such investments were held. Interest and other 
income received on moneys or securities in either such Fund 
shall be credited to such Fund. The Industry covenants 
that it will not cause the use of or make any use of the 
proceeds of the Bonds, whether on deposit to the credit of 
the Construction Fund (or any fund created pursuant to 
the ordinance which may be deemed to be proceeds of the 
Bonds pursuant to Section 103(d) of the Internal Revenue 
Code of 1954, as amended, and applicable regulations there- 
under) or withdrawn therefrom under the provisions of 
Section 3.3 of this Agreement, which use (i) would have 
caused the Bonds to be "arbitrage Bonds" within the mean- 
ing of such Section 103(d) of the Internal Revenue Code 
of 1954, as amended, and applicable regulations thereun- 
der, if such use had been reasonably expected on the date 
of issuance of the Bonds, or (ii) would cause Section 103 
(c)(1) of the Internal Revenue Code of 1954, as in effect 
on the date of the Bonds, to apply to the Bonds. 



224 ORDINANCES Ord. No. 36 

ARTICLE IV 

Effective Date of This Agreement; 

Duration of Agreement; 

Repayment Provisions; and 

Unconditional Obligations of Industry 

Sec. 4.1. Effective Date of this Agreement; Duration of 
Agreement. This Agreement shall become effective upon 
its delivery, and shall continue in full force and effect until 
the principal of and interest on the Bonds have been fully 
paid (or provision for their payment has been made in 
accordance with the provisions of the ordinance), together 
with all sums to which the City or the Trustee are entitled 
hereunder. 

Sec. 4.2. Possession and Ownership of Industrial Facil- 
ities. The Industrial Facilities shall be the sole property of 
the Industry, and the Industry shall have sole and exclusive 
possession of the Industrial Facilities (subject to the right 
of the City to enter thereon for inspection purposes and to 
the other provisions of Section 6.2 hereof). 

Sec. 4.3. Repayment of Loan and Payment of Other 
Amounts Hereunder. The City has made available to the 
Industry in the form of a loan the proceeds derived from 
the sale of the 1976 Series Bonds, and the Industry shall 
repay such loan in accordance with the provisions of this 
Section 4.3. Simultaneously with the authentication and 
delivery of the 1976 Series Bonds and as a condition prece- 
dent to any payments from the Construction Fund under 
Section 3.3 hereof, the Industry shall execute its Note, in 
substantially the form set forth in Exhibit B hereto. On 

the last business day before 

and on the last business day before each and 

thereafter, until the principal of and interest 

on the 1976 Series Bonds shall have been fully made in ac- 
cordance with the ordinance, the Industry shall pay to the 
Trustee a sum equal to the amount payable on such date 
as principal (at the stated maturity, if any) and interest 
upon the 1976 Series Bonds. 

In any event each payment under this section shall be 
sufficient to pay the amount of interest or interest and prin- 



ORDINANCES 225 

cipal (whether at maturity or by redemption or accelera- 
tion) payable on the next succeeding interest payment 
date, and if at any payment date (whether or not such 
payment date is an interest payment date) the balance in 
the Bond Fund is insufficient to make the required pay- 
ments of principal (whether at maturity or by redemption 
or acceleration) and interest on such date, the Industry 
shall forthwith pay any such deficiency; provided that any 
amount at any time held by the Trustee in the Bond Fund 
shall be credited against the next payment to the extent 
such amount is in excess of the amount required for pay- 
ment of Bonds theretofore matured or called for redemp- 
tion and past due interest in all cases where such Bonds 
or coupons have not been presented for payment ; and pro- 
vided further, that if the amount held by the Trustee in 
the Bond Fund shall be sufficient to pay at the times re- 
quired the principal of and interest on the 1975 Series 
Bonds then remaining unpaid, the Industry shall not be 
obligated to make any further payments under the fore- 
going provisions of this section. 

The Industry agrees to pay to the Trustee until the prin- 
cipal of and interest on the 1976 Series Bonds shall have 
been fully paid: (i) an amount equal to the annual fee 
of the Trustee for the Ordinary Services of the Trustee, as 
Trustee, rendered, and its Ordinary Expenses, as Trustee, 
incurred under the ordinance, as and when the same be- 
come due; (ii) reasonable fees and charges of the Trustee, 
as paying agent, on the 1976 Series Bonds for acting as 
paying agent as provided in this ordinance, and the City 
as bond registrar as provided in the ordinance, as and when 
the same become due; and (iii) the reasonable fees and 
charges of the Trustee for the necessary Extraordinary 
Services rendered by it and Extraordinary Expenses in- 
curred by it under the ordinance, as and when the same 
become due; provided, that the Industry may, without 
creating a default hereunder, contest in good faith the 
necessity for any such Extraordinary Services or Extraor- 
dinary Expenses and the reasonableness of any such fees, 
charges or expenses. (The terms "Ordinary Services, ,, "Ordi- 
nary Expenses," "Extraordinary Services" and "Extraordi- 
nary Expenses" as used herein shall have the same defini- 
tions as in the ordinance.) 



226 ORDINANCES Ord. No. 36 

It is understood and agreed that all payments by the 
Industry under this Agreement including payments pursu- 
ant to the Note are to be assigned by the City to the 
Trustee. The Industry assents to such assignment and 
agrees that, as to the Trustee, its obligation to make such 
payments shall be absolute, irrevocable and unconditional 
and shall not be subject to any defense (other than pay- 
ment) or any right of set-off, counterclaim or recoupment 
arising out of any breach by the City of any obligation 
to the Industry, whether hereunder or otherwise, or out of 
any indebtedness or liability at any time owing to the 
Industry by the City. The City directs the Industry, and the 
Industry agrees, to pay to the Trustee at its principal office 
all payments pursuant to this Agreement. 

In the event the Industry shall fail to make any of the 
payments required in this Section 4.3, the item or install- 
ment so in default shall continue as an obligation of the 
Industry until the amount in default shall have been fully 
paid, and the Industry agrees to pay the same with interest 
thereon at one percentage point greater than the rate of 
interest on the 1976 Series Bonds (if lawful) until fully 
paid. 

Sec. 4.4. Place of Payments. The payments provided 
for in Section 4.3 hereof shall be paid directly to the 
Trustee for the account of the City and shall be deposited 
in the Bond Fund. The additional payments to be made to 
the Trustee under Section 4.3 hereof shall be paid directly 
to the Trustee for its own use or for disbursement to the 
paying agent, or to the City, as the case may be. 

Sec. 4.5. Obligations of Industry Hereunder Uncondi- 
tional. The obligations of the Industry to make the pay- 
ments required in Section 4.3 hereof and to perform and 
observe the other agreements on its part contained herein 
shall be absolute and unconditional, irrespective of any de- 
fense or any rights of set-off, recoupment or counterclaim 
it might otherwise have against the City, and the Industry 
shall pay absolutely net during the term of this Agreement 
the payments to be made on account of the loss as prescibed 
in Section 4.3 and all other payments required hereunder 
free of any deductions and without abatement, diminution 
or set-off other than those herein expressly provided; and 



ORDINANCES 227 

until such time as the principal of and interest on the 
Bonds shall have been fully paid, or in accordance with the 
ordinance, the Industry: (i) will not suspend or discontinue 
any payments provided for in Section 4.3 hereof; (ii) will 
perform and observe all of its other agreements contained 
in this Agreement; and (iii) except as provided in Article 
IX and Article X hereof, will not terminate this Agreement 
for any cause, including, without limiting the generality 
of the foregoing, failure of the Industry to complete the 
Industrial Facilities, the occurrence of any acts or circum- 
stances that may constitute failure of consideration, de- 
struction of or damage to the Industrial Facilities, com- 
mercial frustration of purpose, any change in the tax laws 
of the United States of America or of Maryland or any politi- 
cal subdivision of either of them, or any failure of the City 
to perform and observe any agreement, whether express 
or implied, or any duty, liability or obligation arising out 
of or connected with this Agreement, except to the extent 
permitted by this Agreement. 

ARTICLE V 

Operation and Maintenance, Insurance 
and Condemnation 

Sec. 5.1. Operation and Maintenance of Industrial Fa- 
cilities. The Industry agrees that it will operate and main- 
tain the Industrial Facilities at all times during the duration 
of this Agreement in accordance with all applicable laws, 
rules and regulations, at its own expense and shall defray 
all costs in connection therewith (including from time to 
time all necessary repairs and renewals and replacements) 
so that the Industrial Facilities and all other facilities nec- 
essary or incidental thereto shall be kept in good repair and 
in good operating condition. 

Sec. 5.2. Insurance. The Industry shall keep at its own 
expense the Industrial Facilities at all times insured against 
loss or damage in accordance with the customary insur- 
ance practices of the Industry and shall deliver to the 
Trustee from time to time, if requested, certificates estab- 
lishing that such insurance has been obtained, or that the 
Industry is acting as a self-insurer. 



228 ORDINANCES Ord. No. 36 

If the Industry at any time shall carry property damage 
or public liability insurance with specific reference to the 
Industrial Facilities or the operation thereof, the City and 
the Trustee shall be made additional insureds thereunder or 
included therein as their interests may appear. 

The Industry releases the City and the Trustee from, 
agrees that the City and the Trustee shall not be liable for, 
and agrees to defend and hold the City and the Trustee 
harmless from, any liability for any loss or damage to prop- 
erty or any injury to or death of any person that may be 
occasioned by any cause whatsoever pertaining to the 
Industrial Facilities. 

The Industry shall not, by reason of the payment of any 
costs to repair, rebuild or restore the Industrial Facilities in 
excess of the proceeds of insurance or condemnation 
awards, be entitled to any reimbursement from the City, 
the Trustee, or the holders or owners of the Bonds or any 
abatement or diminution of the payments prescribed under 
Section 4.3 hereof. 

Sec. 5.3. Damage, Destruction, Modifications and Con- 
demnation. In accordance with the authorization contained 
in Section 266H-1 of the Act, the City, in order to effect the 
financing of the Industrial Facilities and thereby accom- 
plish the legislative purpose of the Act, deems it necessary 
and, therefore, appropriate that the Industry will have no 
obligation to maintain, repair, replace or renew any ele- 
ment or unit of the Industrial Facilities (a) the mainte- 
nance, repair, replacement or renewal of which becomes 
uneconomic to the Industry because of damage or destruc- 
tion by a cause not within the control of the Industry, or 
obsolescence (including economic obsolescence), or change 
in government standards and regulations, or the termina- 
tion by the Industry of the operation of the Industrial 
Facilities, and (b) with respect to which the Industry has 
furnished to the City and the Trustee a certificate of an 
Authorized Industry Representative that the maintenance, 
repair, replacement or renewal of such element or unit of 
the Industrial Facilities is being discontinued for one of the 
foregoing reasons, which shall be stated therein. 

At its own expense (whether by financing or otherwise), 
the Industry shall have the privilege of remodeling the 



ORDINANCES 229 

Industrial Facilities or making substitutions, modifications 
and improvements to the Industrial Facilities from time to 
time as it, in its discretion, may deem to be desirable for 
its uses and purposes. 

In the event that any damage or loss to the Industrial 
Facilities or any part thereof, shall be covered by insur- 
ance, the proceeds of such insurance received by the Indus- 
try in respect to such damage or loss shall be either (i) 
expended by the Industry to rebuild, repair or restore the 
Industrial Facilities, or any part thereof, so damaged or 
destroyed or to acquire other manufacturing and process- 
ing facilities; or (ii) paid to the Trustee for deposit in the 
Bond Fund created by the ordinance, all as the Industry 
shall determine. The Industry shall notify the City and the 
Trustee of the occurrence of any damage or loss to the In- 
dustrial Facilities that materially impairs the use of the 
Industrial Facilities for their intended purposes. 

In the event that title to or the temporary use of the 
Industrial Facilities or any part thereof, shall be taken in 
condemnation or by the exercise of the power of eminent 
domain by any governmental body or by any person, firm 
or corporation acting under governmental authority, any 
proceeds received from any award or awards in respect of 
the Industrial Facilities or any part thereof made in such 
condemnation or eminent domain proceedings, after pay- 
ment of all expenses incurred in the collection thereof, 
shall be either (i) expended by the Industry to replace the 
Industrial Facilities or any part thereof so taken or to 
acquire other manufacturing and processing facilities or 
(ii) paid to the Trustee for deposit in the Bond Fund 
created by the ordinance all as the Industry shall deter- 
mine. 

The Industry shall not by reason of the payment of any 
costs to repair, rebuild or restore the Industrial Facilities in 
excess of the proceeds of insurance or condemnation 
award, be entitled to any reimbursement from the City, 
the Trustee, or the holders or owners of the Bonds or any 
abatement or diminution of the payments prescribed under 
Section 4.3 hereof. 



230 ORDINANCES Ord. No. 36 

ARTICLE VI 

Special Covenants 

Sec. 6.1. No Warranty of Condition or Suitability by 
the City. The City makes no warranty, either express or 
implied, as to the condition of the Industrial Facilities, or 
that they will be suitable for the Industry's purposes or 
needs. 

Sec. 6.2. City's Right of Access to the Industrial Facili- 
ties. The Industry agrees that the City and the duly author- 
ized agents of the City shall have the right at all reasonable 
times and upon the giving of reasonable notice to enter 
upon, and to examine and inspect, the Industrial Facilities. 

Sec. 6.3. Industry to Maintain its Corporate Existence; 
Conditions Under Which Exceptions Permitted. The In- 
dustry agrees that during the term of this Agreement it 
will maintain its corporate existence, will not dissolve or 
otherwise dispose of all or substantially all of its assets, 
and will not consolidate with or merge into another corpo- 
ration or permit one or more other corporations to consoli- 
date with or merge into it; except, that the Industry may, 
without violating the agreement contained in this section, 
consolidate with or merge into another corporation, or per- 
mit one or more corporations to consolidate with or merge 
into it ; or sell or otherwise transfer to another corporation 
all or substantially all of its assets as an entirety and there- 
after dissolve, provided the surviving, resulting or trans- 
feree corporation, as the case may be, assumes in writing 
all of the obligations of the Industry under this Agreement 
and the Note. 

Sec. 6.4. Qualification in Maryland. The Industry war- 
rants that it is, and throughout the term of this Agreement 
it will continue to be, duly qualified to do business in Mary- 
land and covenants that it will comply with any require- 
ments imposed on it by the Act, as in force on the date of 
this Agreement. 

Sec. 6.5. Use of Industrial Facilities. So long as the 
Industry operates the Industrial Facilities, the Industrial 






ORDINANCES 231 

Facilities will be used only as an industrial building, as 
defined in the Act. 

Sec. 6.6. No Pecuniary Liability. The Act prescribes 
and the parties intend that by reason of making this Agree- 
ment, by reason of the issuance of the Bonds, by reason of 
the performance of any act required of it by this Agree- 
ment, or by reason of the performance of any act requested 
of it by the Industry, no indebtedness or charge against 
the general credit or taxing powers of the City within the 
meaning of any constitutional or charter provision or 
statutory limitation shall occur or shall ever constitute or 
give rise to any pecuniary liability of the City. Neverthe- 
less, if the City shall incur any such pecuniary liability, 
then in such event the Industry shall indemnify and hold 
the City harmless by reason thereof. 

Sec. 6.7. Financial Statements of Industry. The Indus- 
try agrees to furnish the Trustee (within ninety days after 
the end of the Industry's fiscal year) with a balance sheet 
and statement of income and surplus showing the financial 
condition of the Industry and its consolidated subsidiaries, 
if any, at the close of each fiscal year, and the results of 
operations of the Industry and its consolidated subsidiar- 
ies, if any, for each fiscal year. 

Sec. 6.8. Additional Bonds. Subject to the obligations 
of the City under the ordinance, the City and the Industry 
may hereafter negotiate one or more amendments to this 
Agreement pertaining to obtaining of additional funds by 
the City to finance the completion of the Industrial Facili- 
ties or to provide additional manufacturing and processing 
facilities through the issuance of additional Bonds pur- 
suant to Section 2.09 of the ordinance; provided that no 
obligation is imposed on the City by this Section 6.8 to 
enter into any such amendment, and no such amendment 
is permitted hereunder which would result, either in the 
breach of the City's agreements pursuant to the ordinance 
or in the reduction of the Industry's obligations pursuant 
to this Agreement. 



232 ORDINANCES Ord. No. 36 

ARTICLE VII 

Assignment, Subleasing, Mortgaging and Selling; 
Redemption ; Prepayment; and Treatment 
of Additional Waste 

Sec. 7.1. Assignment and Subleasing. This Agreement 
may be assigned, and the Industrial Facilities may be leased, 
sold or otherwise disposed of, as a whole or in part, by the 
Industry without the necessity of obtaining the consent of 
either the City or the Trustee, subject, however, to each of 
the following conditions : 

(a) No assignment (other than pursuant to Section 6.3 
hereof), leasing, sale or other disposition shall relieve the 
Industry from the primary liability for any of its obliga- 
tions hereunder, and in the event of such assignment or 
lease, sale or other disposition, the Industry shall continue 
to remain primarily liable for the payments specified under 
this Agreement and for the payment, performance and 
observance of the other obligations and agreements on its 
part herein provided to be performed and observed by it. 

(b) The assignee, lessee or transferee shall assume in 
writing the obligations and covenants of the Industry here- 
under to the extent of the interest acquired. 

(c) The Industry shall, within thirty (30) days after 
the delivery thereof, furnish or cause to be furnished to the 
City and to the Trustee a true and complete copy of each 
such assignment, lease, deed or other instrument, as the 
case may be. 

Sec. 7.2. Assignment of this Agreement by the City. The 
City will assign its interest in and pledge any moneys re- 
ceivable under this Agreement (except payments pursuant 
to Section 6.6 and Section 8.4 hereof), to the Trustee as 
security for payment of the principal of and interest on 
the Bonds. 

Sec. 7.3. Redemption of Bonds. The City, at the request 
at any time of the Industry and if the same are then call- 
able, shall forthwith take all steps that may be necessary 
under the applicable redemption provisions of the Resolu- 
tion and the ordinance to effect redemption of all or part 
of the then outstanding Bonds as may be specified by the 






ORDINANCES 233 

Industry, on the earliest redemption date on which such 
redemption may be made under such applicable provisions. 

Sec. 7.4. Prepayments. There is expressly reserved to 
the Industry the right and the Industry is authorized and 
permitted at any time it may choose to prepay all or any 
part of the amounts payable under Section 4.3 hereof, and 
the City agrees that the Trustee may accept such prepay- 
ments when the same are tendered by the Industry. All 
amounts so prepaid shall be credited on the payments spe- 
cified in Section 4.3 hereof, in the order of their due dates. 

Sec. 7.5. Modification of Industrial Facilities. The In- 
dustry may from time to time in its sole discretion and at 
its own expense modify, improve or enlarge the Industrial 
Facilities in any way permitted by the then applicable stat- 
utes, rules and regulations for the purpose of meeting the 
Industry's manufacturing and processing needs and which 
do not disqualify the Industrial Facilities within the mean- 
ing of Section 103(c) (4) (F) of the Internal Revenue Code 
of 1954, as amended. 

Sec. 7.6. Reference to Bonds Ineffective After Bonds 
Paid. Upon payment in full of the Bonds (or provision for 
payment thereof having been made in accordance with the 
provisions of the ordinance) and all fees and charges of 
the Trustee, the paying agent and the City as bond regis- 
trar, all references in this Agreement to the Bonds and the 
Trustee shall be ineffective and neither the Trustee nor the 
holders of any of the Bonds shall thereafter have any rights 
hereunder, saving and excepting those that shall have 
theretofore vested, and the Industry shall thereupon be dis- 
charged from any obligations arising under this Agree- 
ment. For the purposes of this Agreement, the Bonds shall 
be deemed fully paid : 

(a) If there is on deposit in the Bond Fund an amount 
sufficient to pay the principal of all the then outstanding 
Bonds plus the interest due thereon until and at their re- 
spective maturities and provision for payment of all fees 
and charges of the Trustee, the Paying agent and the City 
as bond registrar, accrued and to accrue, has been made 
in a manner satisfactory to the Trustee ; or 

(b) If the Bonds have been paid as provided in Section 
9.01 of the ordinance. 



234 ORDINANCES Ord. No. 36 

ARTICLE VIII 

Events of Default and Remedies 

Sec. 8.1. Events of Default Defined. The following shall 
be "events of default" under this Agreement and the terms 
"event of default" or "default" shall mean, whenever they 
are used in this Agreement any one or more of the follow- 
ing events : 

(a) Failure by the Industry to pay the amounts required 
to be paid under the first two paragraphs of Section 4.3 of 
this Agreement at the time specified therein. 

(b) Failure by the Industry to observe and perform any 
covenant, condition or agreement in this Agreement on 
the part of the Industry to be observed or performed, other 
than as referred to in subsection (a) of this section, for a 
period of forty-five (45) days after written notice, specify- 
ing such failure and requesting that it be remedied, given 
to the Industry by the City or the Trustee, unless the City 
and the Trustee shall agree in writing to an extension of 
such time prior to its expiration (or in the case of any such 
default which cannot with due diligence be cured within 
such 45-day period, if the Industry shall fail to proceed 
promptly to cure the same and thereafter prosecute the 
curing of such default, with due diligence, it being intended 
in connection with such a default not susceptible of being 
cured with due diligence within the forty-five (45) days 
that the time within which the Industry may cure the 
same shall be extended for such period as may be necessary 
to complete the curing of the same with all due diligence) . 

(c) The dissolution or liquidation of the Industry or 
the filing by the Industry of a voluntary petition in bank- 
ruptcy or the commission by the Industry of any act of 
bankruptcy, or adjudication of the Industry as a bankrupt, 
or assignment by the Industry for the benefit of its credi- 
tors, or the entry by the Industry into an agreement of 
composition with its creditors, or the approval by a court 
of competent jurisdiction of a petition applicable to the 
Industry in any proceeding for its reorganization insti- 
tuted under the provisions of the general bankruptcy act, 
as amended, or under any similar act in any domestic or 
foreign jurisdiction which may now be in effect or here- 
after enacted. The term "dissolution or liquidation of the 



ORDINANCES 235 

Industry," as used in this subsection shall not be construed 
to include the cessation of the corporate existence of the 
Industry resulting either from a merger or consolidation 
of the Industry into or with another corporation or a dis- 
solution or liquidation of the Industry following a transfer 
of all or substantially all of its assets as an entity, provided, 
that the conditions permitting such actions contained in 
Section 6.6 hereof shall have been met. 

The foregoing provisions of this section are subject to 
the following limitations: If by any reason of force ma- 
jeure the Industry is unable in whole or in part to carry 
out the agreements of the Industry on its part herein con- 
tained, other than the obligations on the part of the Indus- 
try contained in Article IV and Section 6.6 hereof, the 
Industry shall not be deemed in default during the contin- 
uance of such inability. The term "force majeure" as used 
herein shall mean, without limitation, the following: acts 
of God; strikes; lockouts or other industrial disturbances; 
acts of public enemies; orders of any kind of the govern- 
ment of the United States or of Maryland or any of their 
departments, agencies or officials, or any civil or military 
authority; insurrections; riots, epidemics; landslides; 
lightning; earthquakes; fire; hurricanes; storms; floods; 
washouts; droughts; arrests, restraint of government and 
people; civil disturbances; explosions; breakage or acci- 
dent to machinery, transmission pipes or canals ; partial or 
entire failure of utilities; or any other cause or event not 
reasonably within the control of the Industry, it being 
agreed that the settlement of strikes, lockouts and other 
industrial disturbances shall be entirely within the discre- 
tion of the Industry, and the Industry shall not be required 
to make settlement of strikes, lockouts and other industrial 
disturbances by acceding to the demands of the opposing 
party or parties when such course is, in the judgment of 
the Industry, unfavorable to the Industry. 

Sec. 8.2. Remedies on Default. Whenever any event of 
default referred to in Section 8.1 hereof shall have hap- 
pened and be subsisting, the City may take any one or more 
of the following remedial steps : 

(a) The City or the Trustee as provided in this ordi- 
nance may, at its option, declare all payments payable 



236 ORDINANCES Ord. No. 36 

under the first two paragraphs of Section 4.3 hereof for the 
remainder of the term of this Agreement to be immediately- 
due and payable, whereupon the same shall become imme- 
diately due and payable. 

(b) In the event any of the Bonds shall at the time be 
outstanding and unpaid, the City may have access to and 
inspect, examine and make copies of the books and records 
and any and all accounts and similar data of the Industry. 

(c) The City may take whatever action at law or in 
equity may appear necessary or desirable to collect the pay- 
ments and other amounts then due and thereafter to be- 
come due or to enforce performance and observance of any 
obligation, agreement or covenant of the Industry under 
this Agreement. 

Any amounts collected pursuant to action taken under 
this section shall be paid into the Bond Fund and applied in 
accordance with the provisions of the ordinance. 

No action taken pursuant to this section shall relieve the 
Industry from the Industry's obligations pursuant to Sec- 
tion 4.3 and Section 8.2(a) hereof, all of which shall sur- 
vive any such action, and the City and the Trustee may 
take whatever action at law or in equity may appear neces- 
sary and desirable to collect the payments and other 
amounts then due and thereafter to become due and/or to 
enforce the performance and observance of any obligation, 
agreement or covenant of the Industry hereunder. 

Sec. 8.3. No Remedy Exclusive. No remedy herein con- 
ferred upon or reserved to the City is intended to be exclus- 
ive of any other available remedy or remedies, but each 
and every such remedy shall be cumulative and shall be in 
addition to every other remedy given under this Agreement 
or now or hereafter existing at law or in equity or by 
statute. No delay or omission to exercise any right or power 
accruing upon any default shall impair any such right or 
power or shall be construed to be a waiver thereof, but any 
such right or power may be exercised from time to time 
and as often as may be deemed expedient. In order to en- 
title the City to exercise any remedy reserved to it in this 
article, it shall not be necessary to give any notice, other 
than such notice as may be herein expressly required. Such 



ORDINANCES 237 

rights and remedies as are given the City hereunder shall 
also extend to the Trustee, and the Trustee and the holders 
of the Bonds shall be deemed third party beneficiaries of 
all covenants and agreements herein contained. 

Sec. 8.4. Agreement to Pay Attorney's Fees and Ex- 
penses. In the event the Industry should default under any 
of the provisions of this Agreement and the City or the 
Trustee should employ attorneys or incur other expenses 
for the collection of amounts due hereunder or the enforce- 
ment of performance or observance of any obligation or 
agreement on the part of the Industry herein contained, the 
Industry agrees that it will on demand, therefor pay to the 
City or the Trustee the reasonable fee of such attorneys and 
such other reasonable expenses so incurred by the City or 
the Trustee. 

Sec. 8.5. No Additional Waiver Implied by One Waiver. 
In the event any agreement contained in this Agreement 
should be breached by the Industry and thereafter waived 
by the City or the Trustee, such waiver shall be limited 
to the particular breach so waived and shall not be deemed 
to waive any other breach hereunder. 

ARTICLE IX 

Options in Favor of Industry 

Sec. 9.1. Option to Terminate. The Industry shall have 
and is hereby granted, the following option to terminate 
this Agreement : 

At any time prior to full payment of the Bonds (or pro- 
vision for payment thereof having been made in accord- 
ance with the provisions of the ordinance) the Industry 
may terminate this Agreement by paying to the Trustee an 
amount which, when added to the amount on deposit in the 
Bond Fund, will be sufficient to pay, retire and redeem all 
the outstanding Bonds in accordance with the provisions 
of the ordinance (including, without limiting the general- 
ity of the foregoing, principal, interest to maturity or 
earliest applicable redemption date, as the case may be, 
expenses of redemption and Trustee's, paying agent's and 
bond registrar's fees and expenses), and in case of re- 



238 ORDINANCES Ord. No. 36 

demption, making arrangements satisfactory to the 
Trustee for the giving of the required notice of redemption, 
and by paying to the City any and all sums then due to the 
City under this Agreement. 

Sec. 9.2. Option to Terminate Agreement Prior to Pay- 
ment of the Bonds. The Industry shall have, and is hereby 
granted, the option to terminate this Agreement prior to 
the full payment of the Bonds (or provisions for payment 
thereof having been made in accordance with the provi- 
sions of the ordinance), if any of the events set forth in 
the following clauses shall have occurred (but only upon 
payment of the sum hereinafter prescribed) : 

(a) The Industrial Facilities shall have been damaged or 
destroyed to such an extent that in the opinion of the In- 
dustry, expressed in a certificate of the Authorized Industry 
Representative filed with the City and Trustee, the Indus- 
trial Facilities cannot be restored within a period of four 
(4) months to the condition immediately preceding 
such damage or destruction and the Industry will thereby 
be prevented from conducting all, or substantially all, of its 
operations at the Property for a period of four (4) months. 

(b) Title to, or the temporary use of the Property or 
the Industrial Facilities or part thereof, shall have been 
taken under the exercise of the power of eminent domain 
by any governmental body or by any person, firm or corpo- 
ration acting under governmental authority to such an ex- 
tent that in the opinion of the Industry expressed in a 
certificate of the Authorized Industry Representative filed 
with the City and Trustee, the Industry will thereby be pre- 
vented from conducting all, or substantial^ all, of its 
operations at the Industrial Facilities for a period of four 
(4) months. 

(c) As a result of any changes in the Constitution of 
Maryland or the Constitution of the United States of 
America or of any legislative or administrative action 
(whether state or federal) or by final decree, judgment or 
order of any court or administrative body (whether state 
or federal) entered after the contest thereof by the Indus- 
try in good faith, this Agreement shall have become void 
or unenforceable or impossible of performance in accord- 



ORDINANCES 239 

ance with the intent and purpose of the parties as expressed 
in this Agreement, or unreasonable burdens or excessive 
liabilities shall have been imposed on the City or the In- 
dustry in respect of the Property and the Industrial Facili- 
ties including, without limitation, federal, state or other 
ad valorem, property, income or other taxes not being im- 
posed on the date of this Agreement. 

(d) The Industry by certificate of the Authorized 
Industry Representative filed with the City and Trustee 
shall determine: (a) that the reconstruction or restoration 
of the Industrial Facilities after damage or destruction 
thereto or condemnation thereof is not economically feas- 
ible; or (b) to cease all, or substantially all, of its opera- 
tions at the Industrial Facilities as a result of changes in 
the economic availability of raw materials, operating sup- 
plies or facilities necessary to operate the Industrial Facil- 
ities, or technological or other conditions making the 
continued operation of the Industrial Facilities uneco- 
nomical. 

(e) Legal curtailment of the Industry's use and occu- 
pancy of all of the Industrial Facilities or any part thereof. 

To exercise such option, the Industry shall, within ninety 
(90) days following the event authorizing the exercise of 
such option, give written notice to the City, and to the 
Trustee if any of the Bonds shall then be unpaid, and shall 
specify therein the date of termination, which date shall 
not be less than forty-five (45) nor more than ninety (90) 
days from the date such notice is mailed, and in the case 
of a redemption of the Bonds in accordance with the pro- 
visions of the ordinance, shall make arrangements satis- 
factory to the Trustee for the giving of the required notice 
of redemption, provided that this option to terminate is 
conditioned upon the Industry's payment to the Trustee on 
or prior to the termination date of the sum of the following: 

(1) An amount of money which, when added to the 
amount then on deposit in the Bond Fund, will be sufficient 
to retire and redeem all the then outstanding Bonds on the 
earliest redemption date provided by the ordinance, includ- 
ing, without limitation, principal, all interest to accrue to 
said redemption date and redemption expenses ; plus 



240 ORDINANCES Orel. No. 36 

(2) An amount of money equal to the Trustee's, paying 
agent's and bond registrar's fees and expenses under the 
ordinance accrued and to accrue until such final payment 
and redemption of the Bonds. 

In the event of the exercise of the option granted in this 
section, any proceeds of insurance or condemnation not al- 
ready paid to the Industry shall be paid to the Industry 
simultaneously with the Industry's payment of the sum 
prescribed in (1) and (2) above. 

If any of the events set forth in clauses (a), (b), (c), 
(d) or (e) of this Section 9.2 occur and the Industry does 
not exercise its option to terminate, then the Industry shall 
continue to operate and maintain the Industrial Facilities 
in accordance with this Agreement until the principal of and 
interest on the Bonds have been fully paid or provision for 
their payment has been made in accordance with the pro- 
vision of the ordinance, and until such time shall undertake 
any repairs thereto or restoration thereof required under 
any provision of this Agreement. 



ARTICLE X 

Mandatory Prepayment 

Sec. 10.1. Obligation to Prepay and Terminate Agree- 
ment Prior to Payment of the Bonds. The Industry shall 
become immediately obligated to prepay all amounts due 
under this Agreement and to terminate this Agreement 
prior to the full payment of the Bonds (or provision for 
payment thereof having been made in accordance with the 
provisions of this ordinance), if either of the events set 
forth below shall have occurred (but only upon payment of 
the sum hereinafter prescribed) : 

(a) The enactment of any amendment to the Internal 
Revenue Code of 1954, as amended, and the Treasury Regu- 
lations issued thereunder (the "Code") causing the inter- 
est on the Bonds to be includible in gross income, as defined 
in Section 61 of the Code, of any holder, which by his or 
its nature is not exempt from Federal income taxation 
(other than a substantial user as defined in such Treasury 
Regulations of the Industrial Facilities or a related person) ; 
provided that the Trustee and the holders of the Bonds 



ORDINANCES 241 

afford the Industry the opportunity, at the Industry's ex- 
pense, to challenge the validity of any such amendment. 

(b) A final judicial decision holding the interest on the 
Bonds to be includible in gross income, as above described 
in (a) ; provided that the Trustee and/or the holders of the 
Bonds (i) give(s) the Industry notice within thirty (30) 
days after the Trustee or the holders of the Bonds learn 
that the validity of the tax exemption of the interest on 
the Bonds is being challenged and (ii) afford the Industry 
the opportunity, at the Industry's expense, to direct the 
necessary litigation (including administrative audit ap- 
peals), it being understood that a judicial decision shall 
not be considered final for this purpose until the conclusion 
of appellate, including Supreme Court, review, if sought. 

The Industry shall, within thirty (30) days following 
either of the events obligating the Industry to prepay and 
terminate hereunder give written notice to the City and the 
Trustee, if any of the Bonds shall then be unpaid or ade- 
quate provision for the payment thereof shall not have 
been made, and shall specify therein the proposed date of 
such prepayment and termination, which date shall be not 
less than fifteen (15) nor more than thirty (30) days from 
the date such notice is mailed, and, in case of a redemption 
of the Bonds in accordance with the provisions of the ordi- 
nance, shall make arrangements satisfactory to the Trustee 
for the giving of the required notice of redemption. 

The amount which the Industry shall be obligated to pay 
in order to prepay and cause this Agreement to be ter- 
minated as herein provided shall be the sum of the fol- 
lowing : 

(1) An amount of money which, when added to the 
amount then on deposit in the Bond Fund, will be sufficient 
to retire and redeem all the then outstanding Bonds as 
provided in Section 3.01 (3) of the ordinance; plus 

(2) An amount of money equal to the Trustee's, paying 
agent's and bond registrar's fees and expenses under the 
ordinance accrued and to accrue until such final payment 
and redemption of the Bonds ; plus 

(3) An amount which, when added to the interest paid 
on the Bonds from the date the interest on such Bonds be- 



242 ORDINANCES Orel. No. 36 

comes so includible in gross income of any such holder, 
would cause the total amount of interest on such Bonds from 
such date to the date of payment to have been paid at the 
rate of 165% of the rate of interest payable at such time 
on such Bonds. 

Provided, however, that the amount payable under Sub- 
section (3) above shall only be payable as to those Bonds 
held bv the original purchasers thereof and in the event 
that: 

(1) the interest on the Bonds becomes so includible in 
gross income of any such holder for any reason specified 
in Subsection (b) above ; or 

(2) the Industry, at its expense, challenges for any 
reason the validity of any amendment to the Code, which 
amendment results in the interest on the Bonds becoming 
includible in gross income of any such holder, in which 
event the amount set forth in (3) above would be computed 
beginning on the date that the interest on the Bonds be- 
comes includible in his or its gross income. 



ARTICLE XI 

Miscellaneous 

Sec. 11.1. Notices. All notices, certificates or other com- 
munications hereunder shall be sufficiently given and shall be 
deemed given when mailed by registered mail, postage pre- 
paid, addressed as follows: If to the City, to the City 
Treasurer, City Hall, Baltimore, Maryland 21202 ; if to the 
Industry, to Lifschultz Fast Freight, Inc., 386 Park Avenue 
S., New York, New York, Attention: Chairman; if to the 

Trustee, at the Attention: Corporate 

Trust Department. The City, the Industry and the Trustee 
may, by notice given to the parties to this Agreement and 
the Trustee, designate any further or different addresses 
to which subsequent notices, certificates or other com- 
munications shall be sent. 

Sec. 11.2. Filing. The security interest of the City cre- 
ated herein shall be perfected by the filing of financing 
statements which fully comply with the Maryland Uniform 
Commercial Code-Secured Transactions, in the office of the 



ORDINANCES 243 

Clerk of the Superior Court of Baltimore City, and in the 
Office of the State Department of Assessments and Taxa- 
tion, in the City of Baltimore, Maryland. The parties further 
agree that all necessary continuation statements shall be 
filed within the time prescribed by the Maryland Uniform 
Commercial Code-Secured Transactions, in order to con- 
tinue the security interests created by this Agreement to 
the end that the rights of the holders of the Bonds and the 
Trustee shall be fully preserved as against creditors of, or 
purchasers for value from, the City or the Industry. 

Sec. 11.3. Binding Effect. This Agreement shall inure to 
the benefit of and shall be binding upon the City, the Indus- 
try and their respective successors and assigns; subect, 
however, to the limitations contained in Sections 6.3, 7.1, 
7.2 and 7.3 hereof. 

Sec. 11.4. Severability. In the event any provisions of 
this Agreement shall be held invalid or unenforceable by 
any court of competent jurisdiction, such holding shall not 
invalidate or render unenforceable any other provision 
hereof. 

Sec. 11.5. Amounts Remaining in Bond Fund. It is 
agreed by the parties hereto that any amounts remaining 
in the Bond Fund after payment in full of the Bonds (or 
provision for payment thereof having been made in accord- 
ance with the provisions of the ordinance) and the fees, 
charges and expenses of the Trustee, the paying agent and 
the bond registrar in accordance with the ordinance, shall 
belong to and be paid to the Industry by the Trustee as 
overpayments. 

Sec. 11.6. Amendments, Changes and Modifications. 
This Agreement may not be amended, changed, modified, 
altered or terminated without in each instance the prior 
written consent of the Trustee, provided the City and the 
Industry upon an undertaking of the Industry to complete 
the Industrial Facilities or to construct or acquire additional 
manufacturing and processing facilities through the issu- 
ance of additional Bonds pursuant to Section 2.09 of the 
ordinance; provided that no obligation is imposed on the 
City by this Section 11.6 to enter into any such amendment 



244 ORDINANCES Ord. No. 36 

and no such amendment is permitted hereunder, which 
would result either in the breach of the City's agreements 
pursuant to the ordinance or in the reduction of the Indus- 
try's Obligations pursuant to this Agreement. 

Sec. 11.7. Execution of Counterparts. This Agreement 
may be executed in several counterparts, each of which 
shall be an original and all of which shall constitute but 
one and the same instrument. 

Sec. 11.8. Law Governing Construction of Agreement. 
This Agreement is prepared and entered into with the in- 
tention that the law of the State of Maryland shall govern 
its construction. 

IN WITNESS WHEREOF, THE MAYOR AND CITY 
COUNCIL OF BALTIMORE has executed this Agreement 
by causing its name to be hereunto subscribed by the 
Mayor, its corporate seal to be impressed hereon, and at- 
tested by the Deputy City Treasurer; and Lifschultz Fast 
Freight, Inc. has executed this Agreement by causing its 
corporate name to be hereunto subscribed by its President, 
its corporate seal to be impressed hereon, and attested by 
its Secretary, all being done as of the day and year first 
above written. 

Mayor and City Council of Baltimore 

By 

(Seal) Mayor 

Attest : 

Deputy City Treasurer 

Lifschultz Fast Freight, Inc. 

By 

(Seal) President 

Attest : 



Secretary 

(AFFIDAVITS OF NOTARY PUBLIC AS TO SIGNA- 
TURES OF MAYOR AND LIFSCHULTZ FAST 
FREIGHT, INC. PRESIDENT) 



ORDINANCES 245 

Assignment 

THE MAYOR AND CITY COUNCIL OF BALTIMORE, 

a body corporate and politic organized and existing under 
and by virtue of the Constitution and laws of the State of 

Maryland (the "City") pursuant to Ordinance No 

of the Mayor and City Council of Baltimore, approved 

, 1976 does hereby sell, assign, transfer and set 

over to having its principal office and 

place of business in (the "Trustee"), as 

Trustee under said ordinance, without recourse, all the 
right, title and interest of the City in and to the Loan 

Agreement dated between the City and 

Lifschultz Fast Freight, Inc., a Delaware corporation, in- 
cluding the Industrial Development Note dated 

issued pursuant to said Loan Agreement as well as all 
amounts payable or which may become payable under said 
Loan Agreement and said Note, the same to be held in trust 
and applied by the Trustee as provided in said ordinance; 
and the City does hereby constitute and appoint the Trustee 
its true and lawful attorney for it and in its name to collect 
and receive payment of any and all of said payments and 
to give good and sufficient receipts therefor, hereby ratify- 
ing and confirming all that said attorney may do in the 
premises. The Trustee may, but except as otherwise pro- 
vided in said ordinance shall not be required to, institute 
any proceedings or take any action in its name or in the 
name of the City to enforce payment or collection of any or 
all of such payments. 

IN WITNESS WHEREOF, the Mayor and City Council 
of Baltimore has caused this assignment to be duly executed 
in its name by its Mayor, and its corporate seal to be here- 
unto affixed, and attested by the City Treasurer or Deputy 
City Treasurer, all as of the day of 

Mayor and City Council of Baltimore 

By 

(Seal) Mayor 

Attest : 



City Treasurer or 
Deputy City Treasurer 



246 ORDINANCES Ord. No. 36 

EXHIBIT A 

Exhibit A shall describe the Industrial Facilities and shall 
be inserted here when adopted by resolution of the Com- 
missioners of Finance prior to the sale of the Bonds. 

EXHIBIT B 

(To Loan Agreement dated as of between 

the Mayor and City Council of Baltimore and Lifschultz Fast 
Freight, Inc.) 

Industrial Development Note 

Lifschultz Fast Freight, Inc. (the "Industry"), a Dela- 
ware corporation, for value received, hereby promises to 

pay, on or before , the principal amount of 

$ , together with interest on the unpaid amount 

thereof at the rate then borne by the Bonds referred to 
below, to the Mayor and City Council of Baltimore (the 
"City"), a body corporate and politic created and existing 
under and by virtue of the Constitution and laws of the 
State of Maryland. 

Such principal amount and interest are payable in such 
amounts and at such times as are provided in the Loan 
Agrement to finance industrial facilities (the "Loan Agree- 
ment") between the City and the Industry dated 

for the repayment of the loan therein referred to and the 
payment of interest thereon, including provision for pre- 
payment of said loan in certain cases and payments of such 
principal and interest shall be made in accordance with 
and subject to the terms of the Loan Agrement. The Loan 
Agreement was entered into by the City pursuant to Ordi- 
nance No (the "Ordinance") of the Mayor and 

City Council of Baltimore, approved authorizing 

the issuance of not to exceed $400,000 principal amount of 
Industrial Development Revenue Bonds (Lifschultz Fast 

Freight Project), 1976 Series, dated under the 

provisions of Section 266-A to 266-1, inclusive, of Article 
41 of the Annotated Code of Maryland (1971 Replacement 
Volume, as amended). 

This Note is issued to evidence the obligation of the 
Industry under and pursuant to the Loan Agreement to 
repay the loan made by the City to the Industry there- 



ORDINANCES 247 

under, together with interest thereon, which Loan Agree- 
ment (together with this Note )is required by the ordinance 
to be assigned by the City to a corpora- 
tion organized and existing under the laws of the State of 

, Trustee under the Ordinance. Reference is 

hereby made to the provisions of the Loan Agreement which 
are incorporated herein as a part hereof. 

Nothing contained in this Note shall in any way impair 
the obligation of the Industry to make all payments re- 
quired by the Loan Agreement ; provided, however, the In- 
dustry shall be entitled to credit the amounts available in 
the Bond Fund under the ordinance which may be applied 
to the payment of principal of and interest on said Bonds, 
to its obligation under this Note. 

Upon the payment of the Bonds as provided in the ordi- 
nance, all sums remaining to be paid under the provisions 
of the Note shall be deemed to be cancelled and the obliga- 
tions of the Industry under this Note shall be terminated. 

This Note shall be governed and construed in accordance 
with the laws of the State of Maryland. 

Presentment, demand, protest, notice of dishonor or any 
other notice of any kind are hereby expressly waived. 

IN WITNESS WHEREOF, the Industry has caused this 
Note to be duly executed and delivered. 

Dated: 

Lifschultz Fast Freight, Inc. 
By 



Attest 
(Seal) 



Secretary 

EXHIBIT C 



Exhibit C shall give a complete legal description of De- 
velopment Area No. 5 of the Quad Avenue Industrial Park, 



248 ORDINANCES Ord. No. 37 

including metes and bounds, and shall be attached prior 
to execution of the Loan Agreement. 

Sec. 4. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 19, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 37 

(Council No. 174) 

An Ordinance to add new Section 252 (50a) to Article 31 
of the Baltimore City Code (1966 Edition), title "Transit 
and Traffic," subtitle "Parking and Stopping," provid- 
ing for reserved parking for the Board of Liquor License 
Commissioners m front e£ S ON South Street. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 252 (50a) be and it is 
hereby added to Article 31 of the Baltimore City Code (1966 
Edition), title "Transit and Traffic," subtitle "Parking and 
Stopping," to read as follows : 

252 

(50a) South Street, east side, parking reserved for the 
Board of Liquor License Commissioners in front of- & South 
Street. WITH PERMITS FROM A POINT 20 FEET 
SOUTH OF BALTIMORE STREET TO A POINT 80 FEET 
SOUTH OF BALTIMORE STREET. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 19, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 249 

No. 38 
(Council No. 9) 

An Ordinance to change the name of Narroway Court, an 
alley east of Broadway between Lombard Street and 
Baltimore Street, the new name of said Narroway Court 
to be Yogurt Lane. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the name of Narroway Court, an alley 
east of Broadway between Lombard Street and Baltimore 
Street, be and it is hereby changed, and that said Narro- 
way Court shall hereafter be known as Yogurt Lane. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 14, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 39 

(Council No. 61) 

An Ordinance to add new Section 240 A to Article 11 of the 
Baltimore City Code (1966 Edition), title "Health", sub- 
title "Reportable Diseases," requiring hospitals, dispen- 
saries and clinics to report to the Health Department 
cases and suspected cases of certain infectious diseases 
and providing penalties. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 240A be added to Article 
11 of the Baltimore City Code (1966 Edition), title "Health," 
subtitle "Reportable Diseases," to read as follows : 

21+0 A. Hospital reporting officer 

(a) The Chief Administrative Officer of each hospital, 
dispensary or clinic, in the City of Baltimore, shall appoint 



250 ORDINANCES Ord. No. 39 

an individual from the full-time staff hereinafter referred 
to as the Reporting Officer, who shall be responsible for 
reporting cases or suspect cases of infectious diseases, spe- 
cified by the Commissioner of Health of Baltimore City, 
admitted in any manner to his or her facility. 

(b) Hospital reports shall be made to the Commis- 
sioner of Health at weekly intervals upon forms supplied 
by the Health Department. 

(c) Reporting Officers shall notify the Health Depart- 
ment within twenty-four hours of cases or suspect cases of 
tuberculosis, infectious syphilis, typhoid fever and menin- 
gococcal disease, admitted to the hospital or treated in the 
out-patient departments. 

(d) Reports of infectious diseases of public health im- 
port shall be based on all patients having a presumptive or 
a confirmed diagnosis of one (1) of the diseases specified 
by the Commissioner of Health, during the reporting week 
who are: 

1 . newly admitted to the facility 

2. admitted to an isolation ward 

3. receiving medical care in emergency rooms and out- 
patient clinics 

U. discharged patients not previously reported. 

(e) Reporting of infectious diseases, which are trans- 
missible to susceptible members of the community, shall 
not be a violation of confidential information, and may 
supplement, but does not supersede the reporting of the 
same case by the attending physician. 

(f) If the Chief Administrative Officer or the Report- 
ing Officer of a hospital neglects, fails or refuses to give 
such notice or causes it not to be reported, a penalty for 
each unreported case not less than twenty-five dollars nor 
more than two hundred dollars is authorized. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 14, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 251 

NO. 40 
(Council No. 62) 

An Ordinance to repeal and reordain, with amendments, 
Section 223 of Article 11 of the Baltimore City Code (1966 
Edition), title ''Health," subtitle "Reportable Diseases," 
requiring physicians to report certain diseases to the 
Health Department and providing penalties. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 223 of Article 11 of the Baltimore 
City Code (1966 Edition), title "Health," subtitle "Report- 
able Diseases," be and it is hereby repealed and reordained, 
with amendments, to read as follows : 

(a) Every physician shall report to the Commissioner 
of Health in writing, upon blanks to be furnished by said 
Commissioner, every person having tuberculosis, venere al 
d iocaecG, GONORRHEA, SYPHILIS, CHANCROID, 
GRANULOMA INGUINALE, LYMPHOGRANULOMA, 
VENEREUM, HERPES SIMPLES VIRUS TYPE II, 
VIRAL hepatitis — all forms, meningococcal disease, bac- 
terial and viral meningitis, smallpox, cholera, yellow fever, 
diphtheria, rubeloa [measles], pertussis [whooping 
cough], mumps, [pseudo membraneous croup], streptococcal 
infections [scarlet fever], rheumatic fever, varicella [var- 
ioloid], salmonellosis including typhoid fever [typhoid 
fever, opthalmia neonstorum], shigellosis, [cerebro-spinal 
meningitis— epidemia] a**4 poliom yUMs POLIOMYELITIS 
[poliomyelitis anterior acuta-infantile paralysis], AND 
OTHER DISEASES OR CONDITIONS AS MAY BE 
SPECIFIED BY THE SECRETARY OF HEALTH OF 
MARYLAND and his or her place of dwelling, [and] name, 
sex, race, and date of birth [(if known)] ; such report to be 
made within forty-eight hours [immediately] after a posi- 
tive or suspected diagnosis shall have been made. 

(b) Any person who violates, disobeys, omits, neglects 
or refuses to comply with this section of Article 11 shall be 
penalized FINED not less than $25 nor in excess of $200 for 
each offense. 



252 ORDINANCES Ord. No. 41 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 14, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 41 
(Council No. 80) 

An Ordinance to add new Section 240C to Article 11 of 
the Baltimore City Code (1966 Edition), title "Health/' 
subtitle "Reportable Diseases," requiring physicians to 
perform complete contact investigations of individuals 
exposed to tuberculosis or to request the Department of 
Health to do so and providing penalties. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 240C be and it is hereby 
added to Article 11 of the Baltimore City Code (1966 Edi- 
tion), title "Health," subtitle "Reportable Diseases," to 
read as follows : 

2J+0C. Report of Contact Investigation. 

(a) Duty to notify Commissioner of Health. — It shall 
be the duty of any physician who undertakes the manage- 
ment of a patient with tuberculosis to furnish evidence to 
the Commissioner of Health that an investigation of the 
contacts exposed within the household, at work and during 
any other activities has been thoroughly conducted. This 
requirement shall not apply to physicians ivho request 
the Baltimore City Health Department to perform this ac- 
tivity on their behalf. 

(b) Contents of notice. — Each notification shall be in 
writing on a form provided by the Baltimore City Depart- 
ment of Health and shall include the type of tests per- 
formed, the results of the tests, the name, o&e DATE OF 
BIRTH, sex and address of residence of the person for 
whom such examinations were performed, and, full infor- 
mation identifying the source case. 



ORDINANCES 253 

(c) To refuse, omit or neglect to report, or to fail to 
comply ivith the provisions of this section will subject the 
attending physician to a penalty of no less than $25 nor 
more than $200. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 14, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 42 
(Council No. 81) 

An Ordinance to add new Section 240D to Article 11 of the 
Baltimore City Code (1966 Edition), title "Health," sub- 
title "Reportable Diseases/' requiring medical institu- 
tions to report to the Commissioner of Health when a 
tuberculosis patient leaves without the consent of or 
against the advice of the institution and providing pen- 
alties. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 240D be and it is hereby 
added to Article 11 of the Baltimore City Code (1966 Edi- 
tion), title "Health/' subtitle "Reportable Diseases/' to 
read as follows : 

2 WD. Reporting tuberculosis patient leaving hospital 
or institution. 

(a) When a patient who has diagnosed or suspected 
tuberculosis leaves an institution or hospital ward, emer- 
gency room or out-patient department without the knowl- 
edge or consent of or against the advice of the authorities 
of such institution or hospital, the physician or other 
person in charge of such an institution or hospital shall 
notify the Commissioner of Health within Jt& 2J+ hours that 
such person has left the hospital or institution and has or 
may have tuberculosis. 



254 ORDINANCES Ord. No. 43 

(b) Any person who violates the provisions of this 
Section shall be subject to a penalty of not less than $25 
nor more than $100. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 14, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 43 
(Council No. 82) 

An Ordinance to add new Section 240B to Article 11 of the 
Baltimore City Code (1966 Edition), title "Health," sub- 
title "Reportable Diseases," requiring laboratories to 
report to the Commissioner of Health any finding indica- 
tive of certain diseases or conditions designated by the 
Commissioner and providing penalties. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 240B be and it is hereby 
added to Article 11 of the Baltimore City Code (1966 Edi- 
tion), title "Health," subtitle "Reportable Diseases," to 
read as follows : 

2U0B. Report of laboratory examination indicating 
tuberculosis, venereal disease, and other diseases, as desig- 
nated by the Commissioner of Health. 

■£&)■ Duty to notify Commissioner of Health. — H shall 

ft rt -f-h n y/^i i -j-ii r\ + /-»-yi/i i nr\ n w o r\ vi n 1 < It r\ n r> n/\i s>l->ni*ri/-> s\ + n /\tni />->o i 7i 7 i /-» 
17V Vrl'V XXtVVfJ U J XXlTltJ JJV I VU IV W I V\J TV V IV \JI VWI y U \SJ VTTVTf fJtl'isV t fj y 

private, hospital tw institutional laboratory which provides 
remits of- a laboratory examination of any specimen do- 
rived from a human body that constitutes m icroscopic, 
o ultural, h istological, pathological, immunological, scrolog - 
Tool of other evidence suggestive ov- indicative of tuberou 
l oe i i) gonorrhea, syphilis, memngooocccmia, salmonellosis, 
including typhoid, shigellos is-; bacterial and viral menin - 



ORDINANCES 255 

gitie, viral hepatitis 4Ar-, B-, oto.) &? other die eases e? 
conditions designated by- the Commissioner ef Health as 
necessary for the control ef- the public health, &e report 
such findings within 4& hours t& the Commissioner ef 
Health. 

(A) DUTY TO NOTIFY COMMISSIONER OF 
HEALTH.— IT SHALL BE THE DUTY OF ANY PER- 
SON WHO IS IN CHARGE OF A PUBLIC, PRIVATE, 
HOSPITAL OR INSTITUTIONAL LABORATORY TO 
REPORT TO THE COMMISSIONER OF HEALTH WITH- 
IN 48 HOURS AFTER OBTAINING FROM A LABORA- 
TORY EXAMINATION OF ANY SPECIMEN DERIVED 
FROM A HUMAN BODY RESULTS THAT CONSTI- 
TUTES MICROSCOPIC, CULTURAL, HISTOLOGICAL, 
PATHOLOGICAL, IMMUNOLOGICAL, SEROLOGICAL 
OR OTHER PRESUMPTIVE OR CONFIRMATORY EVI- 
DENCE OF TUBERCULOSIS, GONORRHEA, SYPHILIS, 
CHANCROID, GRANULOMA INGUINALE, LYMPHO- 
GRANULOMA VENEREUM, HERPES SIMPLEX VIRUS 
TYPE II, MENINGOCOCCEMIA, SALMONELLOSIS, 
INCLUDING TYPHOID, SHIGELLOSIS, BACTERIAL 
AND VIRAL MENINGITIS, VIRAL HEPATITIS (A, B, 
ETC.) OR OTHER DISEASES OR CONDITIONS DESIG- 
NATED BY THE COMMISSIONER OF HEALTH AS 
NECESSARY FOR THE CONTROL OF THE PUBLIC 
HEALTH. 

(B) WHEN MULTIPLE SPECIMENS FOR TESTING 
ARE DERIVED FROM THE SAME PATIENT DURING 
A SINGLE DISEASE EPISODE, THE INDIVIDUAL IN 
CHARGE OF THE LABORATORY MAY, WITH THE 
WRITTEN CONSENT OF THE COMMISSIONER OF 
HEALTH, REPORT THE POSITIVE RESULTS OF LESS 
THAN EVERY TEST PROVIDED AT LEAST ONE TEST 
RESULT HAS BEEN REPORTED. 

(b C) Contents of notice. — Each notification shall be in 
writing on a form provided by the Baltimore City Depart- 
ment of Health and shall include the date and type of test 
performed, the results of test, and name, age, sex and 
address of residence of the person from whom the speci- 
men tuas obtained, and the name and address of the attend- 
ing physician for tvhom such examination ivas performed. 



256 ORDINANCES Ord. No. 43 

(e D) Laboratory examination result not final diagnosis. 
— The result of the laboratory examination, though it may 
be an essential aid to diagnosis, shall not be considered as 
a final diagnosis and shall not absolve the attending phy- 
sician from reporting in accordance with Article US, Section 
78 of the Annotated Code of Maryland and Section 223 of 
this Article. 

(d E) Referral of cultures. — It shall be the prerogative 
of the Commissioner of Health to require the referral of all 
cultures identified as containing the acid-fast bacilli to the 
Maryland State Laboratory unless such acid-fast bacilli are 
identified in accordance ivith standards established by the 
Commissioner. Referral of such cultures shall not be 
deemed as satisfying the notification requirements con- 
tained in subsection (a) of this section nor delay the trans- 
mittal of the presumptive culture result to the attending 
physician. 

(F) DRUG SUSCEPTIBILITY RESULTS.— IT 
SHALL BE THE DUTY OF ANY PERSON IN CHARGE 
OF A LABORATORY SPECIFIED IN SUBSECTION (A) 
THAT PERFORMS MYCOBACTERIAL DRUG SUSCEP- 
TIBILITY TESTS ON CULTURES IDENTIFIED AS M. 
TUBERCULOSIS THAT ARE NOT REFERRED TO THE 
MARYLAND LABORATORIES ADMINISTRATION FOR 
THIS DETERMINATION TO REPORT THEIR FIND- 
INGS WITHIN 1+8 HOURS TO THE COMMISSIONER OF 
HEALTH ON FORMS PROVIDED BY THE BALTIMORE 
CITY DEPARTMENT OF HEALTH. 

(e G) Contacting patient, discussion with attending phy- 
sician. — The Commissioner of Healthy or his authorized 
agent, shall not contact the patient except with the knowl- 
edge of the attending physician, when there is an attending 
physician, and tvhen he is reasonably available. Nothing in 
this section, however, shall preclude discussion of the 
laboratory notification with the attending physician by the 
Commissioner or his authorized agent. 

(f H) Report Confidential. — All laboratory notifications 
herein required shall be confidential and shall not be open 
to public inspection. 

(g I) Laboratory review. — The Commissioner of Health 
Of his designated agent sJiall be authorized to inspect 



ORDINANCES 257 

pertinent records of any facility covered by this section 
tvhich are necessary to determine compliance with this 
section. 

(h J) Any person who violates any provision of this sec- 
tion ehaU be IS GUILTY OF A MISDEMEANOR AND 
UPON CONVICTION IS subject to a penalty of FINE not 
lees than $44 and not mere than EXCEEDING $500 for 
each such violation. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 14, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 44 
(Council No. 85) 

An Ordinance to amend the Renewal Plan for the Sharp- 
Leadenhall Urban Renewal Project, which Plan was ap- 
proved by Ordinance No. 581, dated April 19, 1974, and 
amended by Ordinance No. 929, dated June 24, 1975, 
to, among other things, (1) authorize the acquisition 
by purchase or by condemnation by the Mayor and City 
Council of Baltimore, for urban renewal purposes, of cer- 
tain properties; (2) ESTABLISH PROCEDURES GOV- 
ERNING THE ISSUANCE AND DENIAL OF DEMOLI- 
TION PERMITS; (3) create certain new disposition par- 
cels for residential use; (S 4) adjust lot lines of certain 
existing disposition parcels to produce a more usable site 
for a trainable school; (4 5) designate certain properties 
for rehabilitation in lieu of clearance; (& 6) recommend a 
proposed zoning district change; (£ 7) revise certain ex- 
hibits attached to the Renewal Plan to indicate the 
changes provided herein; and (? 8) provide for the effec- 
tive date hereof. 

Whereas, the Renewal Plan for the Sharp-Leadenhall 
Urban Renewal Project was approved by the Mayor and 



258 ORDINANCES Ord. No. 44 

City Council of Baltimore by Ordinance No. 581, dated 
April 19, 1974; and 

Whereas, pursuant to Section 26, Article 13, of the Bal- 
timore City Code (1966 Edition), as amended by Ordi- 
nance No. 152, approved June 28, 1968, no substantial 
change or changes shall be made in any renewal plan 
after approval by ordinance, without such change or 
changes first being adopted and approved in the same man- 
ner as set forth in said Section 26 for the approval of a 
renewal plan, namely the preparation of such change or 
changes by the Department of Housing and Community 
Development, the approval of such change or changes by 
the Planning Commission, and approval and adoption by 
an ordinance of the Mayor and City Council of Baltimore 
after public hearing in relation thereto, all in the manner 
set forth in said Section 26; and 

Whoroas, the Department el Housing a«4 Community 
Devel opment has prepared a list e4 changes to the Renewal 
Plan £e^ S harp Loadonhall, known as "Amendment Nor 2 
to the Urba n Renewal Plan fe* Sharp Loadonhall", dated 

I nnn.orv 1 5 1 Q7fl • nT1 ^ 
rrrxTTTTCd-Hr iu ( iu i \j j uiiu 

WHEREAS, EXTENSIVE CHANGES IN THE TEXT 
OF THE RENEWAL PLAN MAKE IT INFEASIBLE TO 
MAKE LINE BY LINE CHANGES; THEREFORE, THE 
DEPARTMENT OF HOUSING AND COMMUNITY DE- 
VELOPMENT HAS PREPARED AN AMENDED RE- 
NEWAL PLAN FOR SHARP-LEADENHALL TO INCOR- 
PORATE THOSE CHANGES WHICH ARE GENERALLY 
DESCRIBED ABOVE AND ARE REFERRED TO AS 
AMENDMENT NO. 2 TO THE RENEWAL PLAN FOR 
SHARP-LEADENHALL; AND 

Whereas, said Amendment No. 2 to the Renewal Plan 
for Sharp-Leadenhall has been approved by the Planning 
Commission of Baltimore City on January 22, 1976, with 
respect to its conformity as to the Master Plan ; the de- 
tailed location of any public improvements proposed in the 
amended renewal plan; its conformity to the rules and 
regulations for subdivisions; and all zoning changes pro- 
posed in the amended Renewal Plan; and said Amendment 
No. 2 to the Renewal Plan has been approved and recom- 
mended to the Mayor and City Council of Baltimore by the 






ORDINANCES 259 

Commissioner of the Department of Housing and Com- 
munity Development on January 23, 1976; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the following amendment and e hangos 
te the Renewal Plan fer Sharp Loadonhall having boon 
4&ty reviewed and considered, are hereby approved, and 
the Clerk el the Gity Council is hereby directed to file a 
eepy el said amendment (identified as Amendment £fer 2^ 
AMENDED RENEWAL PLAN FOR SHARP-LEADEN- 
HALL, IDENTIFIED AS 'URBAN RENEWAL PLAN, 
SHARP-LEADENHALL URBAN RENEWAL PROJECT 
. . . REVISED TO INCLUDE AMENDMENT NO. 2, 
DATED JANUARY 15, 1976 AND REVISED APRIL 22, 
1976' IS HEREBY APPROVED, AND THE CLERK OF 
THE CITY COUNCIL IS HEREBY DIRECTED TO FILE 
A COPY OF SAID AMENDED RENEWAL PLAN with 
the Department of Legislative Reference as a permanent 
public record and make the same available for public in- 
spection and information. 

i, fe TABLE OF- CONTENT S, alter "Separability", 
page iij add the f o l l ow ing new headin g and page number: 

^ APPENDIX A Seattered Properties for Acquisition 
and Disp ositio n fer Residential R ehabilitation 43^ 

2, fe TABLE OF- CONTENTS, under EXHIBITS , 
page iiy delete the dates el E xhibit s 2? &? A-, and S and insert 
"11/15/76" in hen thereof 

g, fe Section Urj LAND USB PLAN, page 4, pa ragrap h 
U^^rj add ^and M-g^ after "M 2 2" and add an ^ te 

fr.hr w o r d " H ir.fr riVfr" 

4v in Seetien G^ PROJECT PROPOSALS, pa~e % par- 
agraph C.l.b., Ren ditions tender Whic h Properties N^et 
Designated £er Acquisition May fee A cquired", add new 

llfl gfl Q*VO T \ll £ 2 J Q B t nl I attto • 

"(2) Designated er u ndesignated properties fer acqui 
sition fer rehabilitation fey the Department ef Meusing and 
Community Development 

-(a)- in areas designated fer acquisition fer r ohabilita 
tion en the Property Acquisition Maps, properties w4U fee ae- 



260 ORDINANCES Ord. No. 44 

qui rod fey the Department el Housing an4 Community 
Development te achieve the objectives el the Urban Re- 
newal Plan. Also, in sueh el the remaining properties net 
designated le? acquisition en the Property Acquisition 
Map, an4 in addition te those properties enumerated in 
Section C.l.b. 4^-)- above, it may fee necessary te acquire fey 
purchase e** condemnation the lee simple interest, e? any 
lessor interest, in order te carry eut rehabilitation fey the 
Department el Housing an4 Community Development. 

ir it is necessary te make residential structures avail 
afele le** use le*? lower moderate income families; an4 

iiv Rehabilitation en a structure by structure basis is 
infoasiblo, a«4 assemblage el a group el properties **e- 
quirod te carry eut the objectives set forth m this Plan; e* 

iiir Rehabilitation el individual, scattered properties is 
necessary in order te remove blighting influences from 
otherwise sound residential blocks." 

5, in Section G^ PROJECT PROPOSALS, page ^ 
paragraph C.l.b., "Conditions Under Whic h Properties 
££et Designated le*? Acquisition May Se Acquired", a44 

TIC*- TV 2_TL1J. tig I U.£7II \*J / TTO IvrnTTrUT 

"(3) Properties se te fee acquired wiH fee listed in 
Appendix A 'Scattered Properties le*? Acquisition a«4 Dis- 

fnr ^ Rrh n h i^^^t^ ^tin n , " 



& Ir Section €^ PROJECT PROPOSALS, page ^ pa*- 
agraph C.l.b. (2), delete "(2)" an4 insert m iieu- thereof 
"(4)". 

^r A44 the following Appendix te the text el the Plan 

n p_ no *y^ 1 Q * 

"APPENDIX A 

S cattered Properties ler Acquisition an4 Disposition lei-* 
Residential Rehabilitation 

QQQ g TT.n n n v p r Sit mot 

1 QQr: Q Hn nn vor Sit mot. 

i qqt Q T Tn -n nv o v Sltm o t. 

11 11 Q Hn n nypv Sit m o t. 



ORDINANCES 261 

i qq W H m r irtt o fitroot. 
i pc; W H r n r irtt n Sltrrrt 
1 7 W Mr n r i r tt n fitrr r t 

X \7 I TT T TTvIII Ivlvtl k~? wjl w^. w 

-i qq W Ho- n r i r f-.t.n fitronf. 
ill W "Rr rmVttn SUawot 

119 W Ho n ri oftn Sit root 

TTT7 T T • llvlxllL HU K7TrCvTJ 

4436 Loadonhall Street 

4g W, West Street" 
&■ Doloto Exhibits % 3? 4j S of the Plan a«4 substitute 

rr> vi>.r*H "F Wn'V n'f^ 2-2-4- nnrl E Hn t o rl .Tr m nn vv 1 5 1 Q7fi 

1U V ICJUVJ. J_J JV1 1 1 kj 1 U V Oy TTj TT, CTTTTT T7 TTCTTTCTT U LV11LIIAX Jl IWj 1U I Ui 

Sec. 2. And &e t£ further ordained, That it is necessary 
to acquire, by purchase or by condemnation for urban 
renewal purposes, the fee simple interest or any lesser in- 
terest in and to certain properties or portions thereof 
situate in Baltimore City, Maryland, and described as fol- 
lows : 

Rear 52 feet, more or less, of 118 W. Cross Street 

1035 S. Hanover Street 
1037 S. Hanover Street 
1111 S. Hanover Street 

1126 Leadenhall Street 

29 W. WEST STREET 
48 W. West Street 

101 Winter Street 
103 Winter Street 
105 Winter Street 
107 Winter Street 
108-114 Winter Street 
109-111 Winter Street 
113 Winter Street 

1 1 \ Win to r 9f rnrt 

115 Winter Street 

116 Winter Street 

117 Winter Street 

118 Winter Street 

120 Winter Street 

121 Winter Street 

122 Winter Street 



262 ORDINANCES Ord. No. 44 

123 Winter Street 

124 Winter Street 

125 Winter Street 

126 Winter Street 

127 Winter Street 

128 Winter Street 

129 Winter Street 

130 Winter Street 

Sec. 3. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the 
Board of Estimates, in the exercise of the power vested in 
it by Article V, Section 5, of the Baltimore City Charter, 
may hereafter from time to time designate, is or are 
authorized to acquire on behalf of the Mayor and City 
Council of Baltimore and for the purposes described in this 
ordinance the fee simple interest or any lesser interest in 
and to the properties or portions thereof hereinabove men- 
tioned. If the said Real Estate Acquisition Division of the 
Department of the Comptroller, or such person or persons, 
and in such manner as the Board of Estimates, in the 
exercise of the power vested in it by Article V, Section 5, 
of the Baltimore City Charter, may hereafter from time to 
time designate, is or are unable to agree with the owner or 
owners on the purchase price for said properties or por- 
tions thereof, it or they shall forthwith notify the City 
Solicitor of Baltimore City, who shall thereupon institute in 
the name of the Mayor and City Council of Baltimore the 
necessary legal proceedings to acquire by condemnation 
the fee simple interest or any lesser interest in and to said 
properties or portions thereof. 

SEC. 4. AND BE IT FURTHER ORDAINED, THAT 
ALL APPLICATIONS FOR DEMOLITION PERMITS 
SHALL BE SUBMITTED TO THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT FOR 
REVIEW AND APPROVAL. UPON FINDING THAT 
THE PROPOSED DEMOLITION IS CONSISTENT WITH 
THE OBJECTIVES OF THE URBAN RENEWAL PLAN, 
THE COMMISSIONER OF THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT SHALL 
AUTHORIZE THE ISSUANCE OF THE NECESSARY 



ORDINANCES 263 

PERMIT. IF THE COMMISSIONER FINDS THAT THE 
PROPOSAL IS INCONSISTENT WITH THE URBAN 
RENEWAL PLAN AND THEREFORE DENIES THE 
ISSUANCE OF THE PERMIT, HE SHALL, WITHIN 90 
DAYS OF SUCH DENIAL, SEEK APPROVAL OF THE 
BOARD OF ESTIMATES TO ACQUIRE FOR AND ON 
BEHALF OF THE MAYOR AND CITY COUNCIL OF 
BALTIMORE THE PROPERTY, IN WHOLE OR IN 
PART, ON WHICH SAID DEMOLITION WAS TO HAVE 
OCCURRED, BY PURCHASE, LEASE, CONDEMNA- 
TION, GIFT OR OTHER LEGAL MEANS FOR THE RE- 
NOVATION, REHABILITATION AND DISPOSITION 
THEREOF. IN THE EVENT THAT THE BOARD OF 
ESTIMATES DOES NOT AUTHORIZE THE ACQUISI- 
TION, THE COMMISSIONER SHALL, WITHOUT DE- 
LAY, ISSUE THE DEMOLITION PERMIT. 

Sec. 4 5. And be it further ordained, That the approval of 
Amendment No. 2 to the Renewal Plan for Sharp- 
Leadenhall by this ordinance shall not be construed as an 
enactment of such amendments to the Zoning Ordinance 
as are proposed in said Amendment No. 2. 

Sec. 5 6. And be it further ordained, That in whatever 
respect, if any, the amended Renewal Plan approved 
hereby for the Sharp-Leadenhall Urban Renewal Project, 
may not meet the requirements as to the content of a 
Renewal Plan or the procedures for the preparation, adop- 
tion, and approval of Renewal Plans, as provided in Ordi- 
nance No. 152, approved June 28, 1968, the said require- 
ments are hereby waived and the amended Renewal Plan 
approved hereby is exempted therefrom. 

Sec. £ 7. And be it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 



264 ORDINANCES Ord. No. 45 

clause, sentence, paragraph, section or part or the applica- 
tion thereof so held invalid. 

Sec. % 8. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same 
subject matter as an existing provision of any zoning, 
building, electrical, plumbing, health, fire or safety ordi- 
nance or code or regulation, the applicable provisions con- 
cerned shall be construed so as to give effect to each; 
provided, however, that if such provisions are found to be 
in irreconcilable conflict, the provision which establishes 
the higher standard for the promotion of the public health 
and safety shall prevail. In any case where a provision of 
this ordinance is found to be in conflict with an existing 
provision of any other ordinance or code or regulation in 
force in the City of Baltimore which establishes a lower 
standard for the promotion and protection of the public 
health and safety, the provision of this ordinance shall pre- 
vail, and the other existing provision of such other ordi- 
nance or code or regulation is hereby repealed to the 
extent that it may be found in conflict with this ordinance. 

Sec. 8 9. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 14, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 45 

(Council No. 103) 

An Ordinance to add new Section 240G to Article 11 of the 
Baltimore City Code (1966 Edition), title "Health," sub- 
title "Reportable Diseases," requiring pharmacies to 
report to the Commissioner of Health the issuance of 
anti-tuberculosis drugs, declaring such records confiden- 
tial, authorizing inspection by the Commissioner of 
Pertinent Pharmacy Records, and providing penalties. 



ORDINANCES 265 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 240G be and it is hereby- 
added to Article 11 of the Baltimore City Code (1966 Edi- 
tion), title "Health," subtitle "Reportable Diseases," to 
read as follows : 

240G. Report of issuance of drugs suggestive or indica- 
tive of the treatment of tuberculosis. 

(a) Duty to notify Commissioner of Health. — It shall 
be the duty of any person who is in charge of any public, 
private, hospital or institutional pharmacy which issues 
isoniazid, ethambutol, rifampin, pyrazinamide, ethiona- 
mide, cycloserine, viomycin, capreomycin, or any other 
anti-tuberculosis drugs as may be specified by the Commis- 
sioner of Health to report such prescription within 48 hours 
to the Commissioner of Health. This requirement shall not 
apply to specified drugs issued by facilities operated by the 
Baltimore City Health Department. 

(b) Contents of notice. — Each notification shall be in 
writing on a form provided by the Baltimore City Health 
Department, and shall include the date a#4, type, AND DE- 
NOMINATION of medication issued, the daily dosage, the 
rhythm of administration, the total amount prescribed, and 
the name, age, sex and address of residence of the person 
for whom the drug was prescribed, and the name and 
address of the attending physician for whom such prescrip- 
tion was issued. 

(c) Pharmacy notification shall not be construed as 
diagnosis. — The prescription of drugs with specific indi- 
cations, though it may be an essential aid to diagnosis, shall 
not be considered to constitute a diagnosis, and shall not 
absolve the attending physician from reporting the case 
under the provisions of Section 223 of this subtitle. 

(d) Contacting patient, discussion with attending phy- 
sician. — The Commissioner of Health or a duly authorized 
agent shall not contact the patient without the knowledge 
of the attending physician, when there is an attending 
physician, and when he is reasonably available. Nothing in 
this section, however, shall preclude discussion of the phar- 
macy notification with the attending physician, by the 
Commissioner of Health or a duly authorized agent. 



266 ORDINANCES Ord. No. 46 

(e) Report confidential. — All pharmacy notifications 
herein required shall be confidential and shall not be open 
to public inspection. 

(f ) Pharmacy review. — The Commissioner of Health or 
a designated agent thereof shall be authorized to inspect 
pertinent records of any facility covered by this section 
which are deemed necessary to determine compliance with 
this section. 

(g) Any person who violates the provisions of this 
section shall be subject to a penalty of not less than $40 $25 
and not more than $200 for each offense. 

Sec. 2. And be it further ordained that this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 14, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 46 
(Council No. 104) 

An Ordinance to add new Section 240F to Article 11 of the 
Baltimore City Code (1966 Edition), Title "Health," sub- 
title "Reportable Diseases," requiring physicians to 
report to the Commissioner of Health patients with 
tuberculosis who have failed to complete treatment and 
providing penalties. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 240F be and it is hereby 
added to Article 11 of the Baltimore City Code (1966 Edi- 
tion), title "Health," subtitle "Reportable Diseases," to read 
as follows : 

2 1 OF. Report of inadequate anti-tuberculosis treatment. 

(a) If any person being treated for tuberculosis discon- 
tinues treatment before a period of therapy specified by the 



ORDINANCES 267 

Commissioner of Health as adequate, the attending physi- 
cian shall report the discontinuance of such treatment to 
the Commissioner of Health. The Health Commissioner shall 
institute such measures for the protection of the public 
against such person as may be necessary. 

(b) Any person who violates the provisions of this act 
shall be subject to a penalty not less than $40 $25 nor more 
than $200 for each violation. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 14, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 47 
(Council No. 105) 

An Ordinance to add new Section 240E to Article 11 of the 
Baltimore City Code (1966 Edition), title "Health," sub- 
title "Reportable Diseases," requiring physicians and 
prosectors to report to the Commissioner of Health 
within 48 hours any death from tuberculosis and provid- 
ing penalties. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 240E be and it is hereby 
added to Article 11 of the Baltimore City Code (1966 Edi- 
tion), title j"Health," subtitle "Reportable Diseases," to read 
as follows : 

240E. Report of death from tuberculosis 

(a) Duty to notify Commissioner of Health — It shall 
be the duty of each physician and prosector who shall 
know or have cause to believe that any person whom he has 
attended or examined has died of tuberculosis to give notice 
thereof within 48 hours to the Commissioner of Health of 
Baltimore City, over his own signature, giving the name, 



268 ORDINANCES Ord. No. 48 

date of birth, sex and race, ADDRESS OR RESIDENCE of 
person so dying, the place of death, and the name of the 
disease. 

(b) Any physician who shall refuse or neglect to com- 
ply with this Section of Article 11 by failing to give such 
notice shall be penalized not less than $25 nor more than 
$200. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 14, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 48 
(Council No. 116) 

An Ordinance to amend the Renewal Plan for the B. & 0. 
Railroad Museum Project AREA, which Plan was ap- 
proved by Ordinance No. 619, dated May 30, 1974, to, 
among other things, (1) CHANGE THE NAME OF 
THIS URBAN RENEWAL AREA FROM 'B & RAIL- 
ROAD MUSEUM' TO 'MOUNT CLARE'; (2) authorize 
the acquisition by purchase or by condemnation by the 
Mayor and City Council of Baltimore, for urban renewal 
purposes, of certain properties ; (2 3) ESTABLISH PRO- 
CEDURES GOVERNING THE ISSUANCE AND DE- 
NIAL OF DEMOLITION PERMITS; (4) create certain 
disposition lots ; (S 5) change land use of Disposition Lots 
8 and 9 to high intensity residential; (4 6) recommend 
proposed zoning district changes; (5 7) revise certain 
exhibits attached to the Renewal Plan to indicate the 
changes provided herein ; and (6 8) provide for the effec- 
tive date hereof. 

Whereas, the Renewal Plan for the B. & 0. Railroad 
Museum Project AREA was approved by the Mayor and 
City Council of Baltimore bv Ordinance No. 619, dated May 
30, 1974 ; and 



ORDINANCES 269 

Whereas, pursuant to Section 26, Article 13, of the Bal- 
timore City Code (1966 Edition), as amended by Ordinance 
No. 152, approved June 28, 1969, no substantial change or 
changes shall be made in any renewal plan after approval 
by ordinance, without such change or changes first being 
adopted and approved in the same manner as set forth in 
said Section 26 for the approval of a renewal plan, namely 
the preparation of such change or changes by the Depart- 
ment of Housing and Community Development, the ap- 
proval of such change or changes by the Planning Com- 
mission, and approval and adoption by an ordinance of the 
Mayor and City Council of Baltimore after public hearing in 
relation thereto, all in the manner set forth in said Section 
26 ; and 

Whoroas, the Department of M ousing a»4 Community 
D evelopment has prepared a list ei e hanges to the Renewal 
Plan £&£ the Br & Or Railroad Museum Area, known as 
"Amendment £ter i to the Renewal Plan #e^ the Br & Or 

Poili»An/l Mi Fpn m A vr"i" rl of o rl Tf i r mo rv 2£_ 1 Q7fv and. 

TVCCTTTT7TXTX J.TA UD" til 1 1 111 L/U "y ^CTvCTT ™" L-v i- J. \A LK J. j ETTTJ A \T I \J y wtltt 

WHEREAS, EXTENSIVE CHANGES IN THE TEXT 
OF THE RENEWAL PLAN MAKE IT INFEASIBLE TO 
MAKE LINE BY LINE CHANGES; THEREFORE, THE 
DEPARTMENT OF HOUSING AND COMMUNITY DE- 
VELOPMENT HAS PREPARED AN AMENDED RE- 
NEWAL PLAN FOR SAID AREA TO INCORPORATE 
THOSE CHANGES WHICH ARE GENERALLY DE- 
SCRIBED ABOVE AND REFERRED TO AS AMEND- 
MENT NO. 1 TO THE RENEWAL PLAN ; AND 

WHEREAS, IT IS NECESSARY AND DESIRABLE 
THAT THE NAME OF THIS URBAN RENEWAL AREA 
BE CHANGED FROM 'B & RAILROAD MUSEUM' TO 
'MOUNT CLARE' IN ORDER TO ELIMINATE A 
SOURCE OF CONFUSION REGARDING ITS BOUND- 
ARIES; AND 

Whereas, said Amendment No. 1 to the Renewal Plan 
fop the Br & Or Railroad Museum A#ea has been approved 
by the Planning Commission of Baltimore City on Febru- 
ary 5, 1976, with respect to its conformity as to the Master 
Plan; the detailed location of any public improvements 
proposed in the amended renewal plan; its conformity to 
the rules and regulations for subdivisions; and all zoning 



270 ORDINANCES Ord. No. 48 

changes proposed in the amended Renewal Plan; and said 
Amendment No. 1 to the Renewal Plan has been approved 
and recommended to the Mayor and City Council of Balti- 
more by the Commissioner of the Department of Housing 
and Community Development on February 2, 1976; now, 
therefore, 

Section ir B# it ordained by- the Mayor and QUy- Council 
&f Baltimore, That the following amendment an4 changes 
te the Renewal Plan le* the ik & Or Railroad Museum Area 
having boon 4«4y reviewed a»4 considered, a^e hereby 
approved, a**4 the Clerk el the City- Council is hereby 4i- 
rectod te £Je a copy of sa44 Amendment (identified as 
Amendment £Jor 4^ with the Department el Legislative 
Reference as a permanent public record aed make the same 

^ In the TABLE OF CONTENTS, tmde? EXHIBITS, 
page iry delete the dates el Exhibits iy 2 a**4 S an4 insert 



3, in Section E^ OTHER PROVISIONS NECESSARY 
ZQ MEET REQUIREMENT S OF- STATE AND LOCAL 
LAWS, pa g e ^ paragraph E.2., delete ^Ne Zoning Changes 
a*e proposed as pa*=t el this Plan — a«4 insert m lie» 



^4-r order te execute the Urban Renewal Plan, z oning 
district changes as designated e« Exhibit 3 w-ili be i^e- 
quirod. Those changes w-iil require amendments te the aeft- 
mg ordinance. Action te this effect w-iil be initiated during 
tho n yppn t in n a4- £Ua Plrm 

^7 Dele te Exhibits i? 2 a«4 3 el the Plan a«4 substitute 

XL V II JH..I J- J JVI11R7I LLJ X , 2 TXTTTT ^ \TTTvCTT Ty nTTy TvT. 

SECTION 1. £# IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, THAT THE NAME 
OF THE 'B & RAILROAD MUSEUM URBAN RE- 
NEWAL AREA', GENERALLY BOUNDED BY WEST 
LOMBARD STREET ON THE NORTH, SCOTT AND 
PARKIN STREETS ON THE EAST, WASHINGTON 
AND JAMES STREETS ON THE SOUTH, AND WOOD- 
YEAR STREET ON THE WEST AND MORE SPECI- 
FICALLY DESCRIBED IN ORDINANCE NO. 619, AP- 






ORDINANCES 271 

PROVED MAY 30, 1974, SHALL BE CHANGED AND 
HENCEFORTH SAID AREA SHALL BE KNOWN AS 
THE 'MOUNT CLARE URBAN RENEWAL AREA'. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
THE AMENDED RENEWAL PLAN FOR MOUNT 
CLARE, IDENTIFIED AS 'URBAN RENEWAL PLAN 
MOUNT CLARE URBAN RENEWAL AREA ... RE- 
VISED TO INCLUDE AMENDMENT NO. 1, DATED 
JANUARY 26, 1976 AND REVISED APRIL 22, 1976' IS 
HEREBY APPROVED, AND THE CLERK OF THE CITY 
COUNCIL IS HEREBY DIRECTED TO FILE A COPY OF 
SAID AMENDED RENEWAL PLAN WITH THE DE- 
PARTMENT OF LEGISLATIVE REFERENCE AS A 
PERMANENT PUBLIC RECORD AND MAKE THE 
SAME AVAILABLE FOR PUBLIC INSPECTION AND 
INFORMATION. 

Sec. 2 3. And be it further ordained, That it is necessary 
to acquire, by purchase or by condemnation for urban re- 
newal purposes, the fee simple interest or any lesser inter- 
est in and to certain properties or portions thereof situate 
in Baltimore City, Maryland, and described as follows : 

103 HAYES STREET 

105 HAYES STREET 

107 HAYES STREET 

109 HAYES STREET 

111 HAYES STREET 

120 Hayes Street 

832 836 Lommon Street 
832 LEMMON STREET 

834 LEMMON STREET 

836-38 LEMMON STREET 
843 853 Lommon Street 
847 LEMMON STREET 

849 LEMMON STREET 

851 LEMMON STREET 

853 LEMMON STREET 

855 873 Lommon Street 
855 LEMMON STREET 

857 LEMMON STREET 



272 ORDINANCES Ord. No. 48 



859 


LEMMON STREET 


861 


LEMMON STREET 


863 


LEMMON STREET 


865 


LEMMON STREET 


867 


LEMMON STREET 


869 


LEMMON STREET 


871 


LEMMON STREET 


873 


LEMMON STREET 


853 


W. Lombard Street 


855 


W. Lombard Street 


111 


Parkin Street 


133 


Parkin Street 



KJKJLJ OX8 TTT J- lllL'U KJ DL KsK, U 

802-06 W. PRATT STREET 

808-10 W. PRATT STREET 

812 W. PRATT STREET 

814 828 Wt fta4tg**ee4 

814 W. PRATT STREET 

816 W. PRATT STREET 

818-22 W. PRATT STREET 

824-28 W. PRATT STREET 

Sec. S 4. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the Board 
of Estimates, in the exercise of the power vested in it by 
Article V, Section 5, of the Baltimore City Charter, may 
hereafter from time to time designate, is or are authorized 
to acquire on behalf of the Mayor and City Council of 
Baltimore and for the purposes described in this ordi- 
nance the fee simple interest or any lesser interest in and 
to the properties or portions thereof hereinabove men- 
tioned. If the said Real Estate Acquisition Division of the 
Department of the Comptroller, or such person or persons, 
and in such manner as the Board of Estimates, in the exer- 
cise of the power vested in it by Article V, Section 5 of the 
Baltimore City Charter, may hereafter from time to time 
designate, is or are unable to agree with the owner or 
owners on the purchase price for said properties or por- 
tions thereof, it or they shall forthwith notify the City 
Solicitor of Baltimore City, who shall thereupon institute 



ORDINANCES 273 

in the name of the Mayor and City Council of Baltimore the 
necessary legal proceedings to acquire by condemnation 
the fee simple interest or any lesser interest in and to said 
properties or portions thereof. 

SEC. 5. AND BE IT FURTHER ORDAINED, THAT 
ALL APPLICATIONS FOR DEMOLITION PERMITS 
SHALL BE SUBMITTED TO THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT FOR 
REVIEW AND APPROVAL. UPON FINDING THAT 
THE PROPOSED DEMOLITION IS CONSISTENT WITH 
THE OBJECTIVES OF THE URBAN RENEWAL PLAN, 
THE COMMISSIONER OF THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT SHALL 
AUTHORIZE THE ISSUANCE OF THE NECESSARY 
PERMIT. IF THE COMMISSIONER FINDS THAT THE 
PROPOSAL IS INCONSISTENT WITH THE URBAN 
RENEWAL PLAN AND THEREFORE DENIES THE 
ISSUANCE OF THE PERMIT, HE SHALL, WITHIN 
90 DAYS OF SUCH DENIAL, SEEK APPROVAL OF 
THE BOARD OF ESTIMATES TO ACQUIRE FOR AND 
ON BEHALF OF THE MAYOR AND CITY COUNCIL OF 
BALTIMORE THE PROPERTY, IN WHOLE OR IN 
PART, ON WHICH SAID DEMOLITION WAS TO HAVE 
OCCURRED, BY PURCHASE, LEASE, CONDEMNA- 
TION, GIFT OR OTHER LEGAL MEANS FOR THE 
RENOVATION, REHABILITATION AND DISPOSITION 
THEREOF. IN THE EVENT THAT THE BOARD OF 
ESTIMATES DOES NOT AUTHORIZE THE ACQUISI- 
TION, THE COMMISSIONER SHALL, WITHOUT DE- 
LAY, ISSUE THE DEMOLITION PERMIT. 

Sec. 4 6. And be it further ordained, That the approval of 
Amendment No. 1 to the Renewal Plan for the Br & Or 
Railroad Museum MOUNT CLARE Area by this ordinance 
shall not be construed as an enactment of such amendments 
to the Zoning Ordinance as are proposed in said Amendment 
No. 1. 

Sec. S 7. And be it further ordained, That in whatever 
respect, if any, the amended Renewal Plan approved hereby 
for the Br & Or Railroad Museum Area Urban Ronowal 
Project MOUNT CLARE URBAN RENEWAL AREA, may 



274 ORDINANCES Ord. No. 48 

not meet the requirements as to the content of a Renewal 
Plan or the procedures for the preparation, adoption, and 
approval of Renewal Plans, as provided in Ordinance No. 
152, approved June 28, 1968, the said requirements are 
hereby waived and the amended Renewal Plan approved 
hereby is exempted therefrom. 

SEC. 8. AND BE IT FURTHER ORDAINED, THAT IN 
THE EVENT IT BE JUDICIALLY DETERMINED THAT 
ANY WORD, PHRASE, CLAUSE, SENTENCE, PARA- 
GRAPH, SECTION OR PART IN OR OF THIS ORDI- 
NANCE OR THE APPLICATION THEREOF TO ANY 
PERSON OR CIRCUMSTANCE IS INVALID, THE RE- 
MAINING PROVISIONS AND THE APPLICATION OF 
SUCH PROVISIONS TO OTHER PERSONS OR CIRCUM- 
STANCES SHALL NOT BE AFFECTED THEREBY, 
THE MAYOR AND CITY COUNCIL HEREBY DECLAR- 
ING THAT THEY WOULD HAVE ORDAINED THE RE- 
MAINING PROVISIONS OF THIS ORDINANCE WITH- 
OUT THE WORD, PHRASE, CLAUSE, SENTENCE, 
PARAGRAPH, SECTION OR PART OF THE APPLICA- 
TION THEREOF SO HELD INVALID. 

SEC. 9. AND BE IT FURTHER ORDAINED, THAT IN 
ANY CASE WHERE A PROVISION OF THIS ORDI- 
NANCE CONCERNS THE SAME SUBJECT MATTER 
AS AN EXISTING PROVISION OF ANY ZONING, 
BUILDING, ELECTRICAL, PLUMBING, HEALTH, 
FIRE OR SAFETY ORDINANCE OR CODE OR REGU- 
LATION, THE APPLICABLE PROVISIONS CON- 
CERNED SHALL BE CONSTRUED SO AS TO GIVE 
EFFECT TO EACH; PROVIDED, HOWEVER, THAT 
IF SUCH PROVISIONS ARE FOUND TO BE IN IR- 
RECONCILABLE CONFLICT, THE PROVISION WHICH 
ESTABLISHES THE HIGHER STANDARD FOR THE 
PROMOTION OF THE PUBLIC HEALTH AND SAFETY 
SHALL PREVAIL. IN ANY CASE WHERE A PROVI- 
SION OF THIS ORDINANCE IS FOUND TO BE IN CON- 
FLICT WITH AN EXISTING PROVISION OF ANY 
OTHER ORDINANCE OR CODE OR REGULATION IN 
FORCE IX THE CITY OF BALTIMORE WHICH ESTAB- 
LISHES A LOWER STANDARD FOR THE PROMOTION 
AND PROTECTION OF THE PUBLIC HEALTH AND 



ORDINANCES 275 

SAFETY, THE PROVISION OF THIS ORDINANCE 
SHALL PREVAIL, AND THE OTHER EXISTING PRO- 
VISION OF SUCH OTHER ORDINANCE OR CODE OR 
REGULATION IS HEREBY REPEALED TO THE EX- 
TENT THAT IT MAY BE FOUND IN CONFLICT WITH 
THIS ORDINANCE. 

SEC. 10. AND BE IT FURTHER ORDAINED, THAT 
THIS ORDINANCE SHALL TAKE EFFECT FROM THE 
DATE OF ITS PASSAGE. 

Approved May 14, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 49 
(Council No. 246) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Two Hundred Sixty-seven 
Thousand Five Hundred and Fifty-one Dollars ($267,551) 
to the Community College of Baltimore to be used for 
part-time salaries for vocational education instructors at 
the Liberty Campus, in accordance with the provisions of 
Article VI, Section 2 (h) (2) of the Baltimore City Charter 
(1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected with 
reasonable certainty at the time of the formulation of the 
1975-1976 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on 31st 
day of March, 1976, all in accordance with Article VI, Sec- 
tion 2(h) (2) of the 1964 revised Charter of Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 



276 ORDINANCES Ord. No. 50 

tion 2(h) (2) of the 1964 revision of the Charter of Bal- 
timore City, the sum of Two Hundred Sixty-seven Thou- 
sand Five Hundred and Fifty-one Dollars ($267,551) shall 
be made available to the Community College of Baltimore 
of the City of Baltimore as a supplementary special fund 
appropriation for the fiscal year ending June 30, 1976 for 
the purpose of part-time salaries for Vocational Education 
Instructors at the Liberty Campus. The amount thus made 
available as a supplementary special fund appropriation 
shall be expended from a grant of funds to the Mayor and 
City Council of Baltimore by the Maryland State Depart- 
ment of Education, said sum being specifically allotted to the 
Mayor and City Council of Baltimore for the aforesaid 
purpose; and said funds shall be the source of revenue for 
this supplementary special fund appropriation, as required 
by Article VI, Section 2(h) (2) of the 1964 revised Charter 
of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 14, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 50 
(Council No. 249) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of Six Hundred Twenty-one 
Thousand Eight Hundred and Thirty-two Dollars ($621,- 
832) to the Community College of Baltimore to be used 
for various operating expenses at the Liberty Campus 
and furniture and fixtures, in accordance with the pro- 
visions of Article VI, Section 2(h) (1) of the Baltimore 
City Charter (1964 Revision). 

Whereas, the money appropriated herein represents 
revenues produced by State Aid and Student Tuition in 
excess of the revenues estimated and relied upon by the 
Board of Estimates in determining the tax levy required 



ORDINANCES 277 

to balance the budget for the 1976 fiscal year and are 
therefore available for appropriation to the Community 
College of Baltimore pursuant to the provisions of Article 
VI, Section 2(h) (1) of the Baltimore City Charter (1964 
Revision) ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a meeting of said Board held on the 31st day 
of March, 1976, all in accordance with Article VI, Section 
2(h)(1) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2 of the 1964 revision of the Charter of Baltimore City 
the sum of Six Hundred Twenty-one Thousand Eight 
Hundred and Thirty-two Dollars ($621,832) shall be made 
available to the Community College of Baltimore as a sup- 
plementary general fund appropriation for the fiscal year 
ending June 30, 1976 for the purpose of operating expenses 
at the Liberty Campus and furniture and fixtures at the 
Harbor Campus. The amount thus made available as a 
supplementary general fund appropriation shall be ex- 
pended from revenue derived from State Aid in the amount 
of Five Hundred and Two Thousand One Hundred and 
Thirty Eight Dollars ($502,138) and Student Tuition in the 
amount of One Hundred Nineteen Thousand Six Hundred 
and Ninety-four Dollars ($119,694), such revenue being 
in excess of the amounts from these sources estimated or 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1976 fiscal 
year; and said funds shall be the sources of revenue for this 
supplementary general fund appropriation, as required by 
Article VI, Section 2 of the 1964 revised Charter of Bal- 
timore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 14, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



278 ORDINANCES Ord. No. 51 

No. 51 

(Council No. 209) 

An Ordinance to repeal and reordain, with amendments, 
Sections 2(j), (k), (w), 7(e) and (g) of Article 16 of 
the Baltimore City Code (1966 Edition), title "Markets," 
as Article 16 was ordained by Ordinance 783, approved 
January 31, 1975; for the purpose of correcting and clari- 
fying certain language. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 2(j), (k), (w), 7(e) and (g) 
of Article 16 of the Baltimore City Code (1966 Edition), 
title "Markets," as Article 16 was ordained by Ordinance 
783, approved January 31, 1975, be and they are hereby 
repealed and reordained with amendments to read as fol- 
lows: 

2. Licenses. 

(j) Vacant stall space. Any person who may bring pro- 
visions or articles of any description, the sale of which is 
not prohibited at that market, for sale on a market day 
during market hours, shall be authorized to occupy any 
vacant stall space or section upon paying to the Market 
Master for the use of the City Treasurer the sum of $10.00 
for each day or part of a day he shall use and occupy the 
stall space or section. [No] // a license has been issued for 
the use of a stall space or section, no person shall be per- 
mitted to occupy [any] that stall space or section under the 
provisions of this section [if a license has been issued for 
the use of that stall space or section] without the consent 
of the licensee. 

(k) License year. License for the use and occupancy 
of a stall space or section shall be issued only for the full 
term of one year beginning July 1 in each year. 

(w) Removal of fixtures. Upon the expiration of the 
license for any stall space or section, the license holder 
shall forthwith remove therefrom within five days any 
fixtures, furniture or other items of personal property 
which belong to him [within five days]. After five days all 



ORDINANCES 279 

fixtures, furniture and personal property will be considered 
abandoned and the Superintendent of Markets shall have 
the right of removal or disposal. The cost of the removal 
shall be charged to the merchant abandoning said fixtures, 
furniture or personal property. 

7. Provisions 

(e) Seafood. [The sale of fresh] Fresh fish and seafood 
shall [only] be sold only in that section of the market set 
aside for the sale of fresh fish and seafood. Any person, firm 
or corporation refusing or failing to comply with the re- 
quirements of this subsection shall be subject to a fine of 
not less than twenty-five dollars nor more than one hundred 
dollars for each offense. 

(g) Defacing market house. It is unlawful to deface any 
portion of a market house or any part thereof, or to [cause 
or] throw or cause to be thrown any stone, brick or any other 
missile upon or against the market house, or to place any 
trestle or lumber on the roof of the market house, or to 
climb or to walk upon the roof. Violation of the provisions 
of this subsection shall be subject to a penalty of not exceed- 
ing twenty-five dollars for each such violation. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 17, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 52 
(Council No. 212) 

An Ordinance to repeal and reordain with amendments Sec- 
tions 80 and 81 of Article 10 of the Baltimore City Code 
(1966 Edition), title "Harbor, Docks and Wharves," sub- 
title "Explosives," to correct certain language. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 80 and 81 of Article 10 of the 



280 ORDINANCES Ord. No. 53 

Baltimore City Code (1966 Edition), title "Harbor, Docks 
and Wharves," subtitle "Explosives," be and they are hereby 
repealed and reordained with amendments to read as 
follows : 

80. Carrying matches, etc. 

[Men] Barge and vessel crews and persons engaged in 
loading, unloading or handling explosives [barge and vessel 
crews,] muse MUST not have or carry matches, firearms or 
cartridges on their persons. 

81. Workmen: shoes; under influence of liquor. 

Persons engaged in loading or unloading explosives shall 
not wear boots or shoes with iron nails, or shod or strength- 
ened with iron, unless such boots or shoes are covered with 
leather, felt or some other such material. No person under 
the influence of liquor shall be allowed on any vessel, 
barge or scow on which explosives are being loaded or from 
which unloaded, [nor will they be permitted to approach any 
vessel while in the course of being loaded or from which 
unloaded,] nor will they be permitted to approach any ves- 
sel [while in the course of] which is being loaded or un- 
loaded. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 17, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 53 

(Council No. 213) 

An Ordinance to repeal and reordain with amendments Sec- 
tion 4 of Article 18 of the Baltimore City Code (1966 
Edition), title "Museums and Art Galleries," subtitle 
"Walters Art Gallery," to correct certain language. 



ORDINANCES 281 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 4 of Article 18 of the Baltimore 
City Code (1966 Edition), title "Museums and Art Gal- 
leries, ,, subtitle "Walters Art Gallery," be and it is hereby 
repealed and reordained with amendments to read as fol- 
lows : 

4. Use of property. 

The Walters Art Gallery and the property at 5 West 
Mount Vernon Place, and the contents of the buildings, shall 
be used for the benefit of the public, as directed by Item 2 
of said last will and testament; and the income from 
the endowment fund created under paragraph C of Item 3 
of said last will and testament shall be used for the 
purpose of maintaining the Walters Art Gallery for the 
benefit of the public. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 17, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 54 
(Council No. 12) 

An Ordinance to amend Sheet No. 9 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 
Edition), title "Zoning," (Ordinance No. 1051, approved 
April 20, 1971) by changing from the O-R-l Zoning 
District to the B-2-2 Zoning District the property known 
as 7133 Harford Road, as outlined in red on the plats 
accompanying this ordinance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 9 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 Edi- 
tion), title "Zoning," (Ordinance No. 1051, approved April 



282 ORDINANCES Ord. No. 55 

20, 1971) be and it is hereby amended by changing from 
the O-R-l Zoning District to the B-2-2 Zoning District the 
property known as 7133 Harford Road, as outlined in red 
on the plats accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof, and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat, and when the Mayor approves the 
ordinance he shall sign the plat. The City Treasurer shall 
then transmit a copy of the ordinance and one of the 
plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development, 
the Commissioner of Transit and Traffic, and the Zoning 
Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 28, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 55 
(Council No. 117) 

An Ordinance to amend the Renewal Plan for the Upton 
Urban Renewal Area, which Plan was approved by 
Ordinance No. 794, dated May 22, 1970, to among other 
things, (1) provide residential development by the 
rehabilitation of residential areas originally designated 
to be cleared; (2) increase or consolidate certain adja- 
cent lot areas to form larger sized parcels for renewal 
development; (3) change standards and controls on cer- 
tain disposition lots; (4) reflect the adoption of a Zoning 
District change; (5) delete the acquisition of certain 
properties ; (6) change the partial acquisition of the ¥e&¥ 



ORDINANCES 283 

structure e£ 1427 Myrtle Avenue te whole acquisition 
aa4 clearance of this structure; 47-)- AUTHORIZE THE 
ACQUISITION OF CERTAIN PROPERTIES OR POR- 
TIONS THEREOF FOR URBAN RENEWAL PUR- 
POSES; (7) ESTABLISH PROCEDURES GOVERN- 
ING THE ISSUANCE AND DENIAL OF DEMOLITION 
PERMITS; (8) revise certain exhibits attached to said 
Plan to indicate the changes provided herein ; and 48^- (9) 
provide for an effective date hereof. 

Whereas, the Renewal Plan for the Upton Project was 
originally approved by the Mayor and City Council of Balti- 
more by Ordinance No. 794, dated May 22, 1970, and last 
amended by Ordinance No. 841, dated March 31, 1975; and 

Whereas, pursuant to Section 26, Article 13, of the Bal- 
timore City Code (1966 Edition) as amended by Ordinance 
No. 152, approved June 28, 1968, no substantial change or 
changes shall be made in any Renewal Plan, after approval 
by ordinance, without such change or changes first being 
adopted and approved in the same manner as set forth in 
said Section 26 for the approval of a Renewal Plan, namely 
the preparation of such change or changes by the Depart- 
ment of Housing and Community Development, the ap- 
proval of such change or changes by the Planning 
Commission, and approval and adoption by an ordinance 
of the Mayor and City Council of Baltimore after a public 
hearing in relation thereto, all in the manner set forth in 
said Section 26 ; and 

Whereas, the Department e£ Housing an4 Community 
Development has prepared a list ef e hangos to the Renewal 
Plan £&¥ Upton, known as "Amendment ££er £ to the Urban 

"Ro nowil Plnr > fnv TTr.fAv." r\ nt n r\ Tommwr 0£_ 1 QUO. ■ o^/l 

TTTTTT^TTTTT J_ lLtLZ TT7T" ^J JTV\/ii j \XIX DvQ fj LX11.KXLXX J B \J y 1U I" V/ 5 CCTTTT 

WHEREAS, EXTENSIVE CHANGES IN THE TEXT 
OF THE RENEWAL PLAN MAKE IT INFEASIBLE TO 
MAKE LINE-BY-LINE CHANGES; THEREFORE THE 
DEPARTMENT OF HOUSING AND COMMUNITY DE- 
VELOPMENT HAS PREPARED AN AMENDED RE- 
NEWAL PLAN FOR UPTON TO INCORPORATE 
THOSE CHANGES WHICH ARE GENERALLY DE- 
SCRIBED ABOVE AND ARE REFERRED TO AS 
AMENDMENT NO. 6 TO THE URBAN RENEWAL 
PLAN FOR UPTON; AND 



284 ORDINANCES Ord. No. 55 

Whereas, said Amendment No. 6 has been approved by 
the Planning Commission of Baltimore on February 5, 1976 
and has been approved and recommended to the Mayor and 
City Council by the Commissioner of the Department of 
Housing and Community Development on February 2, 
1976 ; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the following amendment a**4 changes 
to the Ronow a4 Plan fe* Upton having been- 4«4y reviewe d 
a«4 considered, a#e hereby approved, a«4 the Clerk of the 
City- Council is hereby directed to 6ie a eopy of sa44 amend 
mefit -(- identified as Amendment Nor £> AMENDED RE- 
NEWAL PLAN FOR UPTON, IDENTIFIED AS 'URBAN 
RENEWAL PLAN, UPTON . . . REVISED TO INCLUDE 
AMENDMENT NO. 6, DATED JANUARY 26, 1976 AND 
REVISED MAY 6, 1976' IS HEREBY APPROVED AND 
THE CLERK OF THE CITY COUNCIL IS HEREBY 
DIRECTED TO FILE A COPY OF SAID AMENDED RE- 
NEWAL PLAN with the Department of Legislative Ref- 
erence as a permanent public record and make the same 
available for public inspection and information. 

± Ik TABLE OF CONTENTS, *m4er EXHIBITS, page 
«r delet e the dates ei Land Use Plan, Property Acquisition, 
Land Disposition with Utility Easements, Land Disposition 
with P edestrian Easements an4 Zoning Districts Map s a»4 

iv> ciai4 \ j 1 /Qfi in CV^ \ v\ linn W\r\-\^f\r\-f 

tttdutt j- / B i yy , I o ~ ttt xrmr nrurvUTT 



& I* SPECIA L REFERENCE TQ CERTAIN DISPO 
SITION LOTS, page iiiy delete references to Lets ^ 9? 4^ 
4_4_2g_gQ_gg_gg_g£_4±_42_S2_ ^4 §g2 i» #**¥ entirety, 
a«4 number ^4S^ under "Pago" fe* tot ^4-^v A44 under 
^L#£ A^ i» thei* respective order, Lots "60A, 64^ ?8A, 

n nH Q OA" rmrl nr. tVioi r vo for n npn 1J1S22 nnHr r "Panr" 
O. i» 9 Wtir m C T AND TOP 7 PT AN 

tTT III J^TTTTTTTTTTT ^_/t y T7TTTTTT ^TTCTXST X T^TT IX" y 

«_ nn o-o % n nrnrvnn h C 3 n ( Q> > CM Hrlo t o T. n t " 30 " 

tv7 j /iif, \_- v /j YTtTTTT^~rTTjTTT ^7 «U*(.i y^J^' ^^TJJ \TCTtTv T3TTv W • 

br f^age 44r paragraph C.2.b.(2) (a) v^ delete Lots ^ 

1 Q l/l ?q r;o nnH 53" 

er page 44^ paragraph C.2.b.(2) (a) viii.- -fb^)- third 

rj" TTT7TTTTTT TTTTv "JLJ \J • 



ORDINANCES 285 

4, page 13? paragraph C.2.b.(2)(b) i* -(^ doloto Let 
^S^ »fi4 Lets ^^433 and i4&^ the seeend time they appear. 

er page i&y paragraph C.2.b.(2)(b) L -£4^ doloto Let 
ng2i! aft4 ^44 tots ^4gy 8i, and ±i8^ Doloto alte* %en- 
mittod", "subject to t t t Zoning Appeals" in its entirety and 
add '-+&¥ sneh lessor amount en Disposition tots 4&y §4 and 
i4S as may fee authorized fey the Board el Municipal and 

7Ay>iT\/y A rvnnn 1 o o c< o Qnnm' o 1 'P vpp'n f.l Ckl^i AV " Vh T1 OJIPO 

#7 page 14y paragraph C.2.b.(2)(b) in (b*), c ha n g e the 
R-4 maximum percenta ge building coverage from "30" te 



gr pago i4j paragraph C.2.b.(2) (b) iir 4^h doloto sub- 
paragraph 4aP± m its entirety; delete "(b")" and "(c")" 
and insert in lien thereof "(a )" and "(b")" respectively. 
fe new subparagraph (a") doloto Lets £i 3£ 7 38 ami 30^ in 
sew subparagrap h (b ) delet e Lets ^2 and £0^ Doloto 
after "right of way", "and en Disposition Lots t t -^ in its 
entirety. Add new subparagraph 4^)- as follows : " Within 
Disposition Let £0^ Disposition Let £QA le* Commons 

Housing and Community Development in cooperation with 
the rodovolopors el the remainder el Dispositio n Let €&■ 
¥he approximate siae el Disposition Let &0A shali fee 11,000 

m pago i§y paragraph C.2.b.(2) (b) iir (d'), doloto sub- 
paragraph W 2 ^ » i*s entirety; delete "(b")" and "(c")" 
and insert in lien thereof "(a )" and "(b")" rospoctivoly. 
Add new subparagraph "(c)" as follows: "Within Dispo- 
sition Lets £8 and 9^ D isposition Lets £8A and 90A le* 
Commons ( Rocroation/Park) shall fee dolinoatod fey the De- 
partmont el Housing and Community Developmen t in 
cooperation with the rodovolopors el the remainder el Dis- 
position Lots 28 and 90? ¥he approximate size el iots £8A 

f rn rl QQ A a ll n il ho 4 000 ^ n no bq 'f or*!: r m rl QOOO f.nn n rn £cuii; 

CTTTTT \J \J ± i. Oil till UU J.U U U OTJtTCCrt? XVJ^J U ECTTtX f V W Ov^UCH. <5 1UU U 

rospoctivoly". 

n pago 4or paragraph C.2.b.(2) (b) in -(e^r doloto sufe- 
paragraph under (d") in its entirety and insert the fol- 
lowing in lien thereof: "Within Disposition Lot £4y Dispo 
sition Lot £4 lot 1 Commons ( Rocroation/Park) s hall fee de- 
lineated fey the Department el Housing and Community 



286 ORDINANCES Ord. No. 55 

Development m cooperation with the new developers e£ the 
remainder of Disposition tot 64r The approximate size of 
Disposition ket G4A shall fee 1500 square foot" - . Add «ew 
subparagraph 4^)- as follows; ^^Qn Disposition tet &I7 the 
maximum permitted density shall fee forty eight (18) 

r\ utaI 1 1 >i rr IMUTflJ' 
vl TT \J 1 1 I 1 1 g Q 1 1 1 UCT" • 

j, page ±6r paragrap h C.2.b.(2)(b) & 4^>r delete s»fe- 
paragraph 4fe^ » its entirety; delete "(c")" a»d "(d")" 
and insert i» iie» thereof "(b)" and "(0") respectively. 
in «ew subparagraph (0") delete after "apartments"? *^A 
minimum r r t^ ift its 



kr page i^ paragraph C.2.b.(2) (b) iir 4* 1 )-? delete the 
two sentences beginning with, ^A minimum setback ef ten 

X V-'V-' U • • • XXX TTTvTr QIZvXZ Wj • 

ir page 48? paragraph C.2.b.(2) (c) ir 4^)7 delete tet 



ftb page 4&t paragraph C.2.b.(2) (c) iir (a') r delet e ^4t 
is the intention r t r^ in- its entirety. Add as follows : "There 
shall fee ne vehicular e ntrance s e* exists from L aurens 

k_J 11 V_/\_, v T7v7 l/ll (Til ^-/\-/U OCR IVlllg IX -TAJ 1X0 7 

fir page 24r paragraph C.2.b.(2) (c) iir (g'), delet e this 
paragrap h in its entirety. Delete "(h')", ^4^ an4 ^^^ 
afi4 iftse^t in lie* thereof "(g')", ^h^ and ^4i^ *e- 
spoctivoly. fe new paragraph 4a 1 )- de l ete tots "13 , "11", 

Or page 22r new paragraph C.2.b.(2) (c) iir 4^ delete 
T. n f^. "59." n nH "5 3" 

Pr page 22t paragraph C.2.b.(2)(c) iir 4^ a«4 -Qh 
4elete "(It')" a*d ^44^ a*d insert i» iie» t hereof ^j^ 

.nnrl "fk'V ror. nopf-iv ol v 

% page 2&r paragraph C.2.b.(2)(c) iir 4»^- a*4 4*^ 
delete "(m')" a*d "(n')" and insert in lie* t h e r e of ^^ 
a«4 "(m')"- 

*. page 24r paragraph C.2.b(2)(d) iiirr delete tet ^r 

4, 4n APPENDIX £, STRUCTURE S TO BE AC- 
QUIRED AND REMOVED, page 44r insert afte* nunftfeer- 
4&r -one s tory concrete block garag e? approximately 48 ftr 
fey 80 ££rr located at extreme *ea* ef 1427 Myrt le Avemto" 



ORDINANCES 287 

as number "49", a»4 reorder the last twe items as "50." 

Sec. 2. And be ft further ordained, That it is necessary 
to delete the following properties or portions thereof from 
the list of properties to be acquired in Ordinance No. 794, 
approved May 22, 1970 : 

1400-1402 Division Street 
1404-1406 Division Street 

532- 534 W. Lafayette Avenue 

all of 1427 Pennsylvania Avenue except for a 33 foot, 
more or less, by 7 foot, more or less, portion at the ex- 
treme rear, adjacent to the northwest boundary line of 
said property 

2017 Pennsylvania Avenue 
2019 Pennsylvania Avenue 
2021 Pennsylvania Avenue 
2023 Pennsylvania Avenue 
2025 Pennsylvania Avenue 
2027 Pennsylvania Avenue 
2029 Pennsylvania Avenue 
2031 Pennsylvania Avenue 
2033 Pennsylvania Avenue 
2035 Pennsylvania Avenue 
2039 Pennsylvania Avenue 
2041 Pennsylvania Avenue 
2043 Pennsylvania Avenue 
2045 Pennsylvania Avenue 
2047 Pennsylvania Avenue 
2049 Pennsylvania Avenue 
2051 Pennsylvania Avenue 

SEC. 3. AND BE IT FURTHER ORDAINED, THAT 
IT IS NECESSARY TO ACQUIRE BY PURCHASE OR 
BY CONDEMNATION FOR URBAN RENEWAL PUR- 
POSES, THE FEE SIMPLE INTEREST OR ANY 
LESSER INTEREST IN AND TO CERTAIN PROP- 
ERTIES OR PORTIONS THEREOF SITUATE IN BAL- 
TIMORE CITY, MARYLAND, AND DESCRIBED AS 
FOLLOWS : 



288 ORDINANCES Ord. No. 55 

646 WEST HOFFMAN STREET 
648 WEST HOFFMAN STREET 
650 WEST HOFFMAN STREET 
652 WEST HOFFMAN STREET 

Sec. &7 4. And be it further ordained, That it is necessary 
to acquire by purchase or by condemnation for urban re- 
newal purposes the fee simple interest or any lesser inter- 
est including only the structure standing on the following 
property, and described as follows. The land upon which 
this structure stands may not necessarily be acquired: 
one story concrete block garage, approximately 18 ft. by 
80 ft., located at extreme rear of 1U27 Myrtle Avenue,. 

Sec. 4t 5. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the Board 
of Estimates, in the exercise of the power vested in it by 
Article V, Section 5, of the Baltimore City Charter, may 
hereafter from time to time designate, is or are authorized 
to acquire on behalf of the Mayor and City Council of Balti- 
more and for the purposes described in this ordinance the 
fee simple interest or any lesser interest in and to the 
properties or portions thereof hereinabove mentioned. If 
the said Real Estate Acquisition Division of the Depart- 
ment of the Comptroller, or such person or persons, and in 
such manner as the Board of Estimates, in the exercise of 
the power vested in it by Article V, Section 5, of the Balti- 
more City Charter, may hereafter from time to time desig- 
nate, is or are unable to agree with the owner or owners on 
the purchase price for said properties or portions thereof, 
it or they shall forthwith notify the City Solicitor of Bal- 
timore City, who shall thereupon institute in the name of 
the Mayor and City Council of Baltimore the necessary legal 
proceedings to acquire by condemnation the fee simple 
interest or any lesser interest in and to said properties or 
portions thereof. 

SEC. 6. AND BE IT FURTHER ORDAINED, THAT 
ALL APPLICATIONS FOR DEMOLITION PERMITS 
SHALL BE SUBMITTED TO THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT FOR 
REVIEW AND APPROVAL. UPON FINDING THAT 



ORDINANCES 28U 

THE PROPOSED DEMOLITION IS CONSISTENT WITH 
THE OBJECTIVES OF THE URBAN RENEWAL PLAN, 
THE COMMISSIONER OF THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT SHALL 
AUTHORIZE THE ISSUANCE OF THE NECESSARY 
PERMIT. IF THE COMMISSIONER FINDS THAT THE 
PROPOSAL IS INCONSISTENT WITH THE URBAN 
RENEWAL PLAN AND THEREFORE DENIES THE 
ISSUANCE OF THE PERMIT, HE SHALL, WITHIN 
90 DAYS OF SUCH DENIAL, SEEK APPROVAL OF 
THE BOARD OF ESTIMATES TO ACQUIRE FOR AND 
ON BEHALF OF THE MAYOR AND CITY COUNCIL OF 
BALTIMORE THE PROPERTY, IN WHOLE OR IN 
PART, ON WHICH SAID DEMOLITION WAS TO HAVE 
OCCURRED BY PURCHASE, LEASE, CONDEMNA- 
TION, GIFT OR OTHER LEGAL MEANS FOR THE RE- 
NOVATION, REHABILITATION AND DISPOSITION 
THEREOF. IN THE EVENT THAT THE BOARD OF ES- 
TIMATES DOES NOT AUTHORIZE THE ACQUISITION, 
THE COMMISSIONER SHALL, WITHOUT DELAY, 
ISSUE THE DEMOLITION PERMIT. 

Sec. &7 7. And be it further ordained, That in whatever 
respect, if any, the amended Renewal Plan approved hereby 
for Upton may not meet the requirements as to the content 
of a Renewal Plan or the procedures for the preparation, 
adoption, and approval of Renewal Plans, as provided in 
Ordinance No. 152, approved June 28, 1968, the said re- 
quirements are hereby waived and the amended Renewal 
Plan approved hereby is exempted therefrom. 

Sec. & 8. And be it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 
clause, sentence, paragraph, section or part or the applica- 
tion thereof so held invalid. 



290 ORDINANCES Ord. No. 56 

Sec. £7 9. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same sub- 
ject matter as an existing provision of any zoning, build- 
ing, electrical, plumbing, health, fire or safety ordinance 
or code or regulation, the applicable provisions concerned 
shall be construed so as to give effect to each; provided, 
however, that if such provisions are found to be in irre- 
concilable conflict, the provision which establishes the 
higher standard for the promotion of the public health and 
safety shall prevail. In any case where a provision of this 
ordinance is found to be in conflict with an existing provi- 
sion of any other ordinance or code or regulation in force 
in the City of Baltimore which establishes a lower standard 
for the promotion and protection of the public health and 
safety, the provision of this ordinance shall prevail, and the 
other existing provision of such other ordinance or code or 
regulation is hereby repealed to the extent that it may be 
found in conflict with this ordinance. 

Sec. 8t 10. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 28, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 56 
(Council No. 210) 

An Ordinance to repeal and reordain with amendments 
Sections 1, 2, 3, 4 (as ordained by Ordinance 1001, ap- 
proved May 29, 1967), 5-11, 13, 16, 17, 19, 20 (as ordained 
by Ordinance 471, approved November 23, 1973), 21, and 
23 of Article 17 of the Baltimore City Code (1966 Edi- 
tion), title "Mechanical-Electrical Bureau", for the pur- 
pose of correcting certain references. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 1, 2, 3, 4 (as ordained by Ordi- 
nance 1001, approved May 29, 1967), 5-11, 13, 16, 17, 19, 20 



ORDINANCES 291 

(as ordained by Ordinance 471, approved November 23, 
1973), 21, and 23 of Article 17 of the Baltimore City Code 
(1966 Edition) , title "Mechanical-Electrical Bureau", be and 
they are hereby repealed and reordained with amendments 
to read as follows : 

1. Construction. 

The [Bureau of Mechanical-Electrical Service] Depart- 
ment of Public Works is hereby authorized and directed to 
construct a general system of conduits under the streets, 
lanes and alleys of the City of Baltimore for the reception 
of the wires now strung over said streets, except the 
trolley wires belonging to street railway companies; and 
said conduits to be constructed within such territory or 
districts as may be determined by [said Bureau] the Depart- 
ment, in pursuance of the Acts of Assembly of Maryland, 
Chapter 200, of the Acts of 1892. 

2. Plans and specifications. 

The [Bureau of Mechanical-Electrical Service] Depart- 
ment of Public Works shall cause to be prepared the plans 
and specifications for the execution of the work and super- 
intend the construction of the same. 

3. Labor and materials. 

The [said Bureau of Mechanical-Electrical Service] De- 
partment of Public Works is hereby authorized and em- 
powered to employ such labor and to purchase such ma- 
terials as may be necessary to enable the [said Bureau] De- 
partment to perform the work or so much of the work it 
may deem to the best interest of the City of Baltimore for 
it to perform. 

4. Rentals; use 

The Board of Estimates is hereby authorized and em- 
powered to determine and fix the annual amount to be 
charged for the use of the conduits which have been or 
hereafter may be constructed under this Article, and at 
any time and from time to time, to increase or decrease 
such charges as circumstances warrant so as to charge or 



292 ORDINANCES Ord. No. 56 

allocate to each user of the said conduits (whether such 
user is a City or other governmental agency, a public utility, 
a private corporation or otherwise) its share of the actual 
cost to the City of owning, operating, and maintaining the 
same, in proportion to the amount of conduit space oc- 
cupied by each such user; provided, that in making any such 
determination, the Board of Estimates shall give considera- 
tion to, but shall not be bound by, any recommendation 
which may be made by the [Mechanical-Electrical Engi- 
neer] Director of Public Works (or such person as may 
hereafter succeed to [the] his duties and functions [of said 
Engineer]) and the Director of Finance. All of said charges 
shall be billed semi-annually in advance as of the first days 
of January and July in each and every year, and such bills 
shall be paid within thirty (30) days after the date thereof. 
The [Mechanical-Electrical Engineer] Director of Public 
Works (or his successor as aforesaid) is hereby authorized 
and empowered to adopt and promulgate rules, regulations, 
and conditions pertaining to or governing the use of said 
conduits. 

5. Surety bonds. 

The [said Bureau of Mechanical-Electrical Service] De- 
partment of Public Works is hereby directed to require from 
all corporations or persons desiring space or compelled to 
rent space in the said conduits, a bond with good and satis- 
factory surety in amount equal to one hundred dollars 
($100) per mile of duct rented before said corporations or 
persons are allowed to place any of their wires or cables in 
said conduits. 

6. Procedures. 

The [said Bureau of Mechanical-Electrical Service] De- 
partment of Public Works is hereby empowered and directed 
to require all wires to be removed from above the streets 
(no wires being allowed to cross over any street, lane or 
alley from house to house) and placed underground in said 
conduits (the trolley wires of the street railway companies 
excepted) in such streets or districts and at such times and in 
such manner and on such notice as may be prescribed by the 
[said Bureau] Department; and further, to use such drastic 
or summary methods as may in the judgment of [said 



ORDINANCES 293 

Bureau] the Department become expedient or necessary 
to fulfill the requirements of the laws and ordinances of the 
Mayor and City Council of Baltimore, which have been or 
which may hereafter be passed, requiring telegraph, tele- 
phone, electric light, feed and other (except trolley) wires to 
be placed underground. 

7. Renting space. 

When said conduits, or any part thereof shall have been 
completed and made ready for occupancy, and the rate of 
rental thereof shall have been fixed and established as here- 
tofore provided, the [said Bureau of Mechanical-Electrical 
Service] Department of Public Works is hereby authorized 
and directed to rent space in the said municipal conduits 
to any applicant who shall comply with the conditions 
prescribed by this Article and such further conditions 
as may be specified by the [said Bureau] Department; 
provided, however, that said applicant shall place in the said 
space wires and cables within six months from the time 
application for said space is granted by [said Bureau] the 
Department. 

8. Overhead lines; placed underground. 

All corporations or individuals owning or operating over- 
head lines within the City of Baltimore are hereby directed 
to place their wires underground in accordance with the Acts 
of Assembly of Maryland, Chapter 200, Acts of 1892, when 
ordered so to do by the [Bureau of Mechanical-Electrical 
Service of the City of Baltimore] Department of Public 
Works in such streets or districts at such time and in such 
manner as may be prescribed by [said Bureau] the Depart- 
ment. 

9. Same; penalties. 

Said corporations or individuals failing to comply with 
the order of the [Bureau of Mechanical-Electrical Service] 
Department of Public Works to place their wires under- 
ground within one hundred and fifty (150) days from the 
time of said notification, to be served on the president, 
manager or other legal representative of said corporations, 



294 ORDINANCES Ord. No. 56 

or on the individuals or representatives of individuals 
owning or operating over-head wires shall be subject to a 
fine of fifty dollars ($50) for each and every pole left stand- 
ing for each and every week over and above the one hundred 
and fifty (150) days above specified; said fines to be col- 
lected as other fines for the violation of city ordinances. 

10. Same; removal of poles and wires. 

The [said Bureau of Mechanical-Electrical Service] De- 
partment of Public Works is hereby directed to chop or saw 
down and remove the poles and wires of any corporation or 
individual failing to comply with the notification of [said 
Bureau] the Department within one hundred and seventy- 
eight (178) days from the time of serving said notice. 

11. Same; notice. 

As fast as the [Bureau of Mechanical-Electrical Service] 
Department of Public Works shall decide upon the streets 
and alleys of the city through which it proposes to construct 
the subways, there shall be served upon the president or 
general manager of each and every telegraph, telephone, 
electric light, street railroad and other companies having 
or maintaining overhead wires of any description on the 
streets or alleys so determined on, a notice to be signed by 
the Mayor, requiring such companies to furnish to the 
[Bureau] Department a detailed statement or drawings 
and plans, or both, showing clearly the wires they propose 
to use (exclusive of trolley wires) on such streets and 
alleys, with the size of said wires, the points of distribution 
and the location of all city lamps, dwellings, stores or other 
places supplied with electric current by said wires, and the 
character of such service, and such other information with 
regard to the same as the [Bureau] Department may con- 
sider requisite to enable it to carry out the purpose of its 
creation; and each of said companies which shall fail to 
furnish fully and accurately the above information within 
sixty (60) days from the time of such notice shall forfeit 
and pay a fine of twenty-five dollars ($25) a day for each 
and every day they shall so remain in default; said fines 
to be collected as other fines for the violation of city ordi- 
nances are collected. 



ORDINANCES 



13. Provisions. 



(a) Tampering. It shall be unlawful for any person or 
persons to tamper with or open or in any way interfere 
with any of the manholes or lines of conduits in the City 
Electrical Conduit System or any appurtenances thereof or 
equipment therein, without first having obtained a permit 
from the [Bureau of Mechanical-Electrical Services] De- 
partment of Public Works as provided for in the Rules and 
Regulations governing the use of the city underground con- 
duits, established by the [said Bureau] Department, in con- 
formity with the provisions of this Article, with such 
amendments thereto as may from time to time be adopted. 

(b) Penalties. Any person violating the provisions of 
this section shall be subject to a fine of not less than fifty 
dollars ($50.00) nor more than three hundred dollars 
($300.00) or to imprisonment not exceeding twelve (12) 
months, or to both fine and imprisonment, in the discretion 
of the Court, for each such violation. 

16. Agreements. 

Said companies shall, in consideration of the rights and 
privileges granted to them by Sections 14-18 before con- 
structing any portion of the conduit or conduits hereinbefore 
authorized, enter into an agreement in a form to be approved 
by the Mayor of the City of Baltimore, and with sufficient 
security; certified by the Comptroller and approved by the 
Mayor, to pay annually to the Mayor and City Council of 
Baltimore, thirty cents for each lineal yard of the first four 
miles in aggregate lineal length of conduit or conduits, con- 
structed under the provisions of said sections, and twenty 
cents per lineal yard for each succeeding mile or fraction of 
a mile of the aggregate lineal length of such conduit or con- 
duits exceeding such aggregate lineal length of four miles; 
provided, however, that the annual payment so to be made in 
any year, privileges granted to them by Sections 14-18, 
before constructing conduits, constructed under the pro- 
visions of said sections and accounting from May 9, 1889, 
shall not be less than the sum of three thousand dollars, and 
shall also, before constructing any portion of such conduit 
or conduits, file with the [Highways Engineer] Director of 
Public Works a plan showing the location and character of 



296 ORDINANCES Ord. No. 56 

the portion or portions of the conduit or conduits next pro- 
posed to be constructed; and every such conduit or part 
thereof shall be constructed under the supervision of the 
[said Highways Engineer] Director of Public Works, and 
all paving which may be temporarily removed by the said 
companies in the course of the construction of any conduit or 
conduits authorized by Section 14, shall be restored or re- 
placed, under the direction and superintendence of the 
[Highways Engineer] Director of Public Works by the com- 
panies or company constructing said conduit or conduits, 
and at their or its expense, in a manner satisfactory to 
said [Engineer] Director. 

17. Police and fire alarm wires. 

In every underground conduit constructed under the 
provisions of Section 14-18, space shall be provided, if 
required, free of cost or rent for the laying therein by the 
Fire Commissioners of the City of Baltimore of a cable 
for the exclusive and official use only of the police and 
[fire alarm telegraph] the Fire Communications Division 
and police and patrol wires. 

19. Police and fire alarm telegraph. 

In every underground conduit heretofore or hereafter 
constructed by the Chesapeake and Potomac Telephone 
Company of Baltimore City, or the Chesapeake and Potomac 
Telephone Company, or both, by virtue of Ordinance No. 41, 
approved May 9, 1889 (Section 14-18 of this Article) space 
shall be provided free of cost or rent, if required by the Fire 
Commissioners of the City of Baltimore, for the laying 
therein by the said Fire Commissioners of a cable, or cables 
or wires for the exclusive and official use only of the 
Police and Fire [Alarm Telegraph] Communications Divi- 
sion and police and patrol wires and such wire or wires as 
may be necessary for supplying current to electric lights 
upon or over the fire alarm boxes under the jurisdiction of 
the said Fire Commissioners of the City of Baltimore. 

20. Contracts; powers. 

The [Bureau of Mechanical-Electrical Service] Depart- 
ment of Public Works, subject to the powers of the Board of 



ORDINANCES 297 

Estimates, shall make all contracts for furnishing, operat- 
ing and maintaining lamps and lamp standards, for furnish- 
ing steam for public buildings, and for furnishing illumi- 
nating gas and electric current for street lamps and public 
buildings. It shall regulate the lighting and cleaning of the 
city lamps and see that they are kept in proper repair. It 
shall erect new lamp standards and lamps for lighting the 
highways, streets, lanes, alleys, bridges, parks and squares 
in the city, and remove or relocate any lamp standards and 
lamps whenever and wherever, in its judgment, con- 
venience and necessity of the public may require; it shall 
make monthly statements of the street gas lamps and 
ascertain the correct rate or rates of gas consumption for 
all such lamps. The [Bureau] Department of Public Works 
may, in its discretion, furnish lighting for any alleyway, 
either improved or unimproved, public or private, which is 
connected to a public way, and is in general use by the city's 
sanitation and other municipal vehicles and the public, 
when, in its judgment, the safety and convenience of the 
public so require. 

No bill for gas and electricity or steam furnished to the 
city [,] shall be paid by any department in the city [,] 
unless the rate shall have been certified to as correct by the 
[Bureau of Mechanical-Electrical Service] Department of 
Public Works, and the said [Bureau] Department shall have 
general supervision of the gas, electric, and steam meters 
in all departments of the city. Nothing in this section shall 
be construed as committing the city to the policy of lighting 
private property; nor shall it be construed as investing the 
[Bureau of Mechanical-Electrical Service] Department of 
Public Works with any authority to invade private rights. 

21. Shades on street lamps. 

The [Bureau of Mechanical-Electrical Service] is hereby 
authorized and directed to issue on application, permits for 
the placing of shades over portions of street lamps when 
the same are situated so close to dwelling houses as, in its 
discretion, to be a special annoyance to the occupants of such 
houses. 

In no case shall it be lawful to place any shades on or 
about any street lamps in such a manner as to interfere with 



298 ORDINANCES Ord. No. 57 

the full and proper lighting of the streets, alleys, lanes or 
sidewalks. 

The placing of all such shades over street lamps shall be 
done under the supervision and direction of the [Bureau 
of Mechanical-Electrical Service] Department of Public 
Works, and all such shades shall be removed upon notice 
from said [Bureau] Department whenever said [Bureau] 
Department finds them unnecessary or the public interest 
requires such removal. No charge or fee shall be made for 
the issuing of such permits. 

23. Schedule for lighting lamps. 

It shall be the duty of the [Bureau of Mechanical-Electri- 
cal Service] Department of Public Works to prepare and 
have printed on cards, schedules showing the time or times 
when the city lamps shall be lighted and extinguished daily. 
These cards shall be furnished to each lighting contractor, 
and the Police Department. The Police Department shall 
report to the [Bureau of Mechanical-Electrical Service] 
Department of Public Works all failures to light and ex- 
tinguish the lamps at the proper time, also all broken or 
damaged street lamps. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 28, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 57 
(Council No. 84) 

An Ordinance to amend the Renewal Plan for the Popple- 
ton Urban Renewal Project, which Plan was originally 
approved by the Mayor and City Council of Baltimore by 
Ordinance No. 837, dated March 31, 1975, to, among 
other things, (1) authorize the acquisition by purchase 
or by condemnation by the Mayor and City Council of 



ORDINANCES 299 

Baltimore, for urban renewal purposes, of the fee simple 
interest or any lesser interest in and to certain prop- 
erties or portions thereof, together with the improve- 
ments thereon; (2) ESTABLISH PROCEDURES GOV- 
ERNING THE ISSUANCE AND DENIAL OF DEMO- 
LITION PERMITS; (3) create certain new disposition 
parcels for residential and public park/recreation use; 
4^- (4) revise certain exhibits attached to the Renewal 
Plan to indicate the changes provided herein ; and -(4)- (5) 
provide for the effective date hereof. 

Whereas, the Renewal Plan for the Poppleton Urban 
Renewal Project was approved by the Mayor and City 
Council of Baltimore by Ordinance No. 837, dated March 
31, 1975, and last amended by Ordinance No. 941, dated 
June 30, 1975 ; and 

Whereas, pursuant to Section 26, Article 13 of 
the Baltimore City Code (1966 Edition), as amended by 
Ordinance No. 152, approved June 28, 1968, no substantial 
change or changes shall be made in any Renewal Plan, 
after approval by Ordinance, without such change or 
changes first being adopted and approved in the same man- 
ner as set forth in said Section 26 for the approval of a 
Renewal Plan, namely the preparation of such change or 
changes by the Department of Housing and Community 
Development, the approval of such change or changes by 
the Planning Commission, and approval and adoption by 
an ordinance of the Mayor and City Council of Baltimore 
after a public hearing in relation thereto, all in the manner 
set forth in said Section 26 ; and 

Whereas, the Department e4 Housing an4 Community 
Development has prepared a list e£ changes te the R enewal 
Plan £&£ Poppleton, known as "x\mondmont Nor 2 to the 
Urban Renewal Plan £e* the Poppleton Urban Renewa l 

P r n irrt" H.o t .r H "Trm nn rv 1 \ 1fl7fi "- r m r\ 

WHEREAS, EXTENSIVE CHANGES IN THE TEXT 
OF THE RENEWAL PLAN MAKE IT INFEASIBLE TO 
MAKE LINE BY LINE CHANGES; THEREFORE, THE 
DEPARTMENT OF HOUSING AND COMMUNITY DE- 
VELOPMENT HAS PREPARED AN AMENDED RE- 
NEWAL PLAN FOR POPPLETON TO INCORPORATE 
THOSE CHANGES WHICH ARE GENERALLY DE- 



300 ORDINANCES Ord. No. 57 

SCRIBED ABOVE AND ARE REFERRED TO AS 
AMENDMENT NO. 2 TO THE RENEWAL PLAN FOR 
POPPLETON; AND 

Whereas, said Amendment No. 2 to the Renewal Plan 
for Poppleton has been approved by the Planning Commis- 
sion of Baltimore City on January 22, 1976, with respect to 
its conformity as to the Master Plan ; the detailed location 
of any public improvements proposed in the amended Re- 
newal Plan ; its conformity to the rules and regulations 
for subdivisions; and said Amendment No. 2 to the Renewal 
Plan has been approved and recommended to the Mayor 
and City Council of Baltimore by the Commissioner of the 
Department of Housing and Community Development on 
January 23, 1976 ; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the followin g amendme nt a#4 chan ges 
to the Renewal Plan for the Poppleton Urban Renew al 
Proje ct having boon duly reviewed an4 co n s id e r ed? €&e 
hereby approved, a«4 the Clerk of the Gity Cetmeil is 
hereby di rected to file a copy of sa44 Renewal Plan £^vise4 
te include Amendment Nor %-, dated January i4y 1976, 
AMENDED RENEWAL PLAN FOR POPPLETON, 
IDENTIFIED AS 'URBAN RENEWAL PLAN, POPPLE- 
TON URBAN RENEWAL PROJECT . . . REVISED TO 
INCLUDE AMENDMENT NO. 2, DATED JANUARY 14, 
1976 AND REVISED MAY 13, 1976' IS HEREBY AP- 
PROVED, AND THE CLERK OF THE CITY COUNCIL 
IS HEREBY DIRECTED TO FILE A COPY OF SAID 
AMENDED RENEWAL PLAN with the Department of 
Legislative Reference as a permanent public record and 
make the same available for public inspection and informa- 
tion. 

± j« the TABLE QE CONTENTS, page ii» after- 
"SEPARABILITY", a44 the following «ew heading a«4 

nn rrr\ mi w> 1 \cw • 

"APPENDIX Ah Scattered Properties for Acquisition 
ftf*4 Disposition fe* Residential Rehabilitation." 

g, 4* the TABLE QE CONTENTS, page H, «*4e* 
"EXHIBITS", delete the date "April Z&j 407^ after the 
fifgt th-ree exhibits, a«4 insert "January i^ 1976" m lieu- 
thereof. 



ORDINANCES 301 

g, la £a*t b, LAND USE PLAN, S oct i on B.2B.(3) 
ontitlod "Pro visions applicable te land te fee acquired fe* 
clearance a»4 redevelopment", page 5y insert the following 



114^. Disposition ^ 4 

Tfee »se el this let shall fee public, limited te park/ 
recreation. 

TV>r> n^r> o£ f>n V Irtf dial] ha. yrr'i rJp nHnl " 

4, fa gart C PROJECT PROPOSALS, Soction G^fe, 
ontitlod "Conditions Under Which Property WUl Me A&- 
quircd fop Rehabilitation by- the Department e/ Housing 
€md Community Development or Others", page £7 insert the 

"(3) Properties se te fee acquired w41I fee listed m 
Appendix A 'Scattered Properties £&¥ Acquisition and dis- 
position leg Residential Rehabilitation'." 

5r Add the following Appendix te the text ef the Plan 
as page 444 APPENDIX A SCATTERED PROPERTIES 
2Q& ACQUISITION AN© DISPOSITION FOR RESI 
DENTIAL REHx\BILITx\TION. 

in addition te those groups ef properties te fee acquired 
a*4 disposed e£ fe^ rehabilitation (designated with 4is- 
position iet numbers e« Exhibit 3^7 ^he following scat 
torod properties a#e a4se being acq uir ed a«4 disposed e£ 
£ep rehabilitation. 

JL \J \J 1/ UKJ J \A. V-/ LI'LL U 

34? W I.nmhn r H fitrnot 

w j.^i ^ v • jC7t7iiiF,jtAx CI nrrvtrt 

9 3 W I. n m hnr d Rtr oo t 

ks \j s_/ T F • EnTHZKTIlI v* 1^7 VI GW 

99.9! W T. nmh.nv H S^froof 

/IQ <^ P o rml r t n n 9 1 root 
43 9 P o rml rf rm .9 1 root. 

&4S, 



302 ORDINANCES Ord. No. 57 

& Doloto Exhibits 4 throug h 3 e£ the Plan a»4 substi 
ttite revised Exhibits i through &? dated January i4j 1976. 

Sec. 2. And be it further ordained, That is it necessary 
to acquire, by purchase or by condemnation for urban re- 
newal purposes, the fee simple interest or any lesser 
interest in and to certain properties or portions thereof 
situate in Baltimore City, Maryland, and described as fol- 
lows : 

1009 Boyd Street 
1022 Boyd Street 

117-123 N.Carey Street 
23 S. Carey Street 

7 N. CARROLLTON AVENUE 

861 W. FAIRMOUNT AVENUE 
861 1/2 W. FAIRMOUNT AVENUE 

864 W. FAIRMOUNT AVENUE 

866 W. FAIRMOUNT AVENUE 

868 W. FAIRMOUNT AVENUE 

870 W. FAIRMOUNT AVENUE 

872 W. FAIRMOUNT AVENUE 

874 W. FAIRMOUNT AVENUE 

1066 W. FAYETTE STREET 
1070 W. FAYETTE STREET 
1072 W. FAYETTE STREET 
1206 W. Fayette Street 
1208 W.Fayette Street 
1210 W. Fayette Street 
1212 W. Fayette Street 
1214 W. Fayette Street 

836 HOLLINS STREET 

1105 W. LEXINGTON STREET 
1111 W. LEXINGTON STREET 
1115 W. LEXINGTON STREET 
1218 W. Lexington Street 

842 W.Lombard Street 
908 W. Lombard Street 
922 W. Lombard Street 



ORDINANCES 303 

40 S. Poppleton Street 
43 S. Poppleton Street 

34 S. Schroeder Street. 

803 VINE STREET 
805 VINE STREET 
807 VINE STREET 
809 VINE STREET 
811 VINE STREET 
813 VINE STREET 
815 VINE STREET 
817 VINE STREET 
821 VINE STREET 

Sec. 3. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the Board 
of Estimates, in the exercise of the power vested in it by- 
Article V, Section 5, of the Baltimore City Charter, may- 
hereafter from time to time designate, is or are authorized 
to acquire on behalf of the Mayor and City Council of 
Baltimore and for the purposes described in this ordi- 
nance the fee simple interest or any lesser interest in and 
to the properties or portions thereof hereinabove men- 
tioned. If the said Real Estate Acquisition Division of the 
Department of the Comptroller, or such person or persons, 
and in such manner as the Board of Estimates, in the ex- 
ercise of the power vested in it by Article V, Section 5, of 
the Baltimore City Charter, may hereafter from time to 
time designate, is or are unable to agree with the owner or 
owners on the purchase price for said properties or por- 
tions thereof, it or they shall forthwith notify the City 
Solicitor of Baltimore City, who shall thereupon institute 
in the name of the Mayor and City Council of Baltimore the 
necessary legal proceedings to acquire by condemnation the 
fee simple interest or any lesser interest in and to said 
properties or portions thereof. 

SEC. 4. AND BE IT FURTHER ORDAINED, THAT 
ALL APPLICATIONS FOR DEMOLITION PERMITS 
SHALL BE SUBMITTED TO THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT FOR 



304 ORDINANCES Ord. No. 57 

REVIEW AND APPROVAL. UPON FINDING THAT 
THE PROPOSED DEMOLITION IS CONSISTENT WITH 
THE OBJECTIVES OF THE URBAN RENEWAL PLAN, 
THE COMMISSIONER OF THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT SHALL 
AUTHORIZE THE ISSUANCE OF THE NECESSARY 
PERMIT. IF THE COMMISSIONER FINDS THAT THE 
PROPOSAL IS INCONSISTENT WITH THE URBAN 
RENEWAL PLAN AND THEREFORE DENIES THE 
ISSUANCE OF THE PERMIT, HE SHALL, WITHIN 90 
DAYS OF SUCH DENIAL, SEEK APPROVAL OF THE 
BOARD OF ESTIMATES TO ACQUIRE FOR AND ON 
BEHALF OF THE MAYOR AND CITY COUNCIL OF 
BALTIMORE THE PROPERTY, IN WHOLE OR IN 
PART, ON WHICH SAID DEMOLITION WAS TO HAVE 
OCCURRED, BY PURCHASE, LEASE, CONDEMNA- 
TION, GIFT OR OTHER LEGAL MEANS FOR THE 
RENOVATION, REHABILITATION AND DISPOSITION 
THEREOF. IN THE EVENT THAT THE BOARD OF 
ESTIMATES DOES NOT AUTHORIZE THE ACQUISI- 
TION, THE COMMISSIONER SHALL, WITHOUT DE- 
LAY, ISSUE THE DEMOLITION PERMIT. 

Sec. 4 5. And be it further ordained, That in whatever 
respect, if any, the amended Renewal Plan approved hereby 
for Poppleton, may not meet the requirements as to the 
content of a Renewal Plan or the procedures for the prepa- 
ration, adoption, and approval of Renewal Plans, as pro- 
vided in Ordinance No. 152, approved June 28, 1968, the 
said requirements are hereby waived and the amended 
Renewal Plan approved hereby is exempted therefrom. 

Sec. & 6. And be it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 
clause, sentence, paragraph, section or part or the applica- 
tion thereof so held invalid. 



ORDINANCES 305 

Sec. £ 7. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same sub- 
ject matter as an existing provision of any zoning, build- 
ing, electrical, plumbing, health, fire or safety ordinance or 
code or regulation, the applicable provisions concerned 
shall be construed so as to give effect to each; provided, 
however, that if such provisions are found to be in irre- 
concilable conflict, the provision which establishes the 
higher standard for the promotion of the public health and 
safety shall prevail. In any case where a provision of this 
ordinance is found to be in conflict with an existing pro- 
vision of any other ordinance or code or regulation in force 
in the City of Baltimore which establishes a lower stand- 
ard for the promotion and protection of the public health 
and safety, the provision of this ordinance shall prevail, 
and the other existing provision of such other ordinance or 
code or regulation is hereby repealed to the extent that it 
may be found in conflict with this ordinance. 

Sec. £ 8. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 1, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 58 
(Council No. 55) 

An Ordinance granting permission to PPG Industries, Inc. 
for the establishment, maintenance and operation of an 
open area for the parking of motor vehicles in the M-l-2 
District on the property on the south side of Stafford 
Street, east of Caton Avenue, generally known as 3233 
Stafford Street, as outlined in red on the plats accompany- 
ing this ordinance, under the provisions of Sections 
7.1-lcc and 11.0-6d of Article 30 of the Baltimore City 
Code (1966 Edition), title "Zoning Ordinance," (Ordi- 
nance 1051, approved April 20, 1971). 



306 ORDINANCES Ord. No. 59 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission be and the same is hereby 
granted to PPG Industries, Inc. for the establishment, 
maintenance and operation of an open area for the parking 
of motor vehicles in the M-l-2 District on the property on 
the south side of Stafford Street, east of Caton Avenue, gen- 
erally known as 3233 Stafford Street, as outlined in red on 
the plats accompanying this ordinance, under the provi- 
sions of Sections 7.1-lcc and 11.0-6d of Article 30 of the 
Baltimore City Code (1966 Edition), title "Zoning Ordi- 
nance," (Ordinance 1051, approved April 20, 1971). 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and, when the Mayor approves the ordi- 
nance, he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to 
the following: The Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the De- 
partment of Housing and Community Development, the 
Commissioner of Transit and Traffic and the Zoning Ad- 
ministrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved June 11, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 59 
(Council No. 151) 

An Ordinance to amend the Renewal Plan for the Reservoir 
Hill Neighborhood Development Program Urban Re- 
newal Area, which Plan was approved by Ordinance No. 
33, dated April 10, 1972, to, among other things, (1) 



ORDINANCES 307 

eliminate Disposition Lot Nos. 30A-30H; (2) create new 
disposition parcels for park/recreation use; (3) expand 
the boundaries of high and low priority rehabilitation 
areas; (4) acquire certain properties for rehabilitation 
URBAN RENEWAL purposes; (5) ESTABLISH PRO- 
CEDURES GOVERNING THE ISSUANCE AND DE- 
NIAL OF DEMOLITION PERMITS; (6) revise certain 
exhibits attached to said Plan to indicate the changes 
provided herein; and •(£)- (7) provide for an effective date 
hereof. 

Whereas, the Renewal Plan for Reservoir Hill was 
originally approved by the Mayor and City Council of Balti- 
more by Ordinance No. 33, dated April 10, 1972, and last 
amended by Ordinance No. 839, dated March 31, 1975; and 

Whereas, pursuant to Section 26, Article 13, of the Bal- 
timore City Code (1966 Edition) as amended by Ordinance 
No. 152, approved June 28, 1968, no substantial change or 
changes shall be made in any Renewal Plan, after approval 
by ordinance, without such change or changes first being 
adopted and approved in the same manner as set forth in 
said Section 26 for the approval of a Renewal Plan, namely 
the preparation of such change or changes by the Depart- 
ment of Housing and Community Development, the ap- 
proval of such change or changes by the Planning 
Commission, and approval and adoption by an ordinance of 
the Mayor and City Council of Baltimore after a public 
hearing in relation thereto, all in the manner set forth in 
said Section 26 ; and 

Whereas, the Department &£ Housing a»4 Community 
Development has prepared a list e£ changes to the Renewal 
Plan £&e Reservoir ffill? known as "iVmondmont Nor 4 te 
the Urban Renewal Plan fe* Reservoir Hill Neighborhood 
Development Program Urban Renewal Area", dated Jaft«- 
&¥? 23? 1976; now, therefore, 

WHEREAS, EXTENSIVE CHANGES IN THE TEXT 
OF THE RENEWAL PLAN MAKE IT INFEASIBLE TO 
MAKE LINE BY LINE CHANGES; THEREFORE, THE 
DEPARTMENT OF HOUSING AND COMMUNITY DE- 
VELOPMENT HAS PREPARED AN AMENDED RE- 
NEWAL PLAN FOR RESERVOIR HILL TO INCORPO- 
RATE THOSE CHANGES WHICH ARE GENERALLY 
DESCRIBED ABOVE AND ARE REFERRED TO AS 



308 ORDINANCES Ord. No. 59 

AMENDMENT NO. 4 TO THE RENEWAL PLAN FOR 
RESERVOIR HILL; AND 

WHEREAS, SAID AMENDMENT NO. 4 HAS BEEN 
APPROVED BY THE PLANNING COMMISSION OF 
BALTIMORE ON FEBRUARY 19, 1976 WITH RESPECT 
TO ITS CONFORMITY AS TO THE MASTER PLAN; 
THE DETAILED LOCATION OF ANY PUBLIC IM- 
PROVEMENTS PROPOSED IN THE AMENDED RE- 
NEWAL PLAN; ITS CONFORMITY TO THE RULES 
AND REGULATIONS FOR SUBDIVISIONS; AND ALL 
ZONING CHANGES PROPOSED IN THE AMENDED 
RENEWAL PLAN; AND SAID AMENDED RENEWAL 
PLAN HAS BEEN APPROVED AND RECOMMENDED 
TO THE MAYOR AND CITY COUNCIL OF BALTIMORE 
BY THE COMMISSIONER OF THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT ON 
FEBRUARY 11, 1976; NOW, THEREFORE, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the following amendment and e hango s 
to the Renewal Plan £o* Reservoir ffiil having been 4«4y 
reviewed and eo nsidoro dy a^e hereby approved, and the 
Clerk el the City- Council is hereby directed to file a eepy 

r\-C p_n i r\ nTn o p^^y*^'^^ ( irl p^'f-T-flr^ no A r%^ Qjxd ~»~*~* O >^ t "NT n_ A \ 

T7T rTCvTTT Itillw I ITtl 1 1 L iTc ^ EWXTvXXXWI ItO !^II xl" I IT.1I I HJ 1 L V TTuT A J 

AMENDED RENEWAL PLAN FOR RESERVOIR HILL, 
IDENTIFIED AS "URBAN RENEWAL PLAN, RESER- 
VOIR HILL NEIGHBORHOOD DEVELOPMENT PRO- 
GRAM URBAN RENEWAL AREA . . . REVISED TO 
INCLUDE AMENDMENT NO. 4, DATED JANUARY 23, 
1976 AND REVISED MAY 20, 1976" IS HEREBY AP- 
PROVED, AND THE CLERK OF THE CITY COUNCIL 
IS HEREBY DIRECTED TO FILE A COPY OF SAID 
AMENDED RENEWAL PLAN with the Department of 
Legislative Reference as a permanent public record and 
make the same available for public inspection and in- 
formation. 

4-t In Table &f Contents, under L&H-4 Disp osition Snp ~ 
plement) p ag e i-hr "Residential Development" ooction, delete 
iift«4 30A 301 1" in its entirety and insert ^and^ a4te* ^4A^t 

& in Tablo of Content?,, n+tde* Land Diopooi tion Sup- 
ptv f nent, f*a«^ iirr "Public Development" section, delete 
11**4 8£2 ami in sert ^£0? 3^ and 34^ in lieu thereof. 



ORDINANCES 309 

St In Table ef Contente, undor E&hi&U&j pago «4tt dolot e 
4fee dates of Exhibi t N£ 444-4^ *© 444-2, £» 404-&, and 
ND 404-4 and i n sert "January 2^ 1976" in lieu thoroof. 

4, In Section ^ STATEMENT QE DEVELOPMENT 
OBJECTIVES, page 4, paragraph B.2.O., delete ^w4il fee 
provided", and insert "have been completed, and s evera l 
more a*e planned - in lieu thoroof. 

^ fe Sectio n E^ URBA N RENEWA L TECHNIQUES 
¥Q- BE USED £Q ACHIEV E PLAN OBJECTIVES, page 
iOr paragraph D.l.b.(3), delete ^se^ afte* "Prop er ti es ". 

& fe Section E^ LAND DI SPOSITION SUPPLE 

MENT, page 42^ paragrap h E.l.o(3), delete ^euls tating" 
after "or" and before "signs" and insert "pulsati ng^- in 
lieu t horoof. 

Z, fe Section £^ L^A^ DISPOSITION SUPPLE - 
MENT, page 4S? paragrap h &4^ add ^and^ afte* ^A^ 
and delete ^ and 30x4 30H" in its entirety. 

g, j» Section E^ £«4AZ£i DISPOSITION SUPPLE 
MENT, page 4^ p aragrap h E^ b.(2 ), add "and" afte? 
"5A 5J," an4 delete ^and 30x\ 30H" in its entirety . 

g, fe Section E^ LxdxYZ) DISPOSITION SUPPLE 
MENT, page iSy paragra phs Erl^ and E.l.c.(l) and 
E.l.c.(l)(a), delete ^a*d 33^ and insert ^ gg, and &4^ 
iTi lieu 'th e r e o f 

40, fe Section E^ £*y£2 DI SPOSITION SUPPLE 
MENT, page 4£y paragraph E.5.b.(l), delete "yoard" from 
the third paragraph and insert "yard" in lieu thereof.- 

±4, In Section E^ LAND DISPOSITIO N SUPPLE 
MENT, page 45 paragraph E.5. - b.(3), delete "oasr" from 
the n*st sentence and insert "ease" m lieu thoroof. 

42, In Exhibit N& 401 A, PROPERTY REHABILITA 
TION STANDARDS, page 20? paragraph 4^% delete 
"unti" and insert "unit" in lieu- thoroof. 

4g, In Exhibit X& 401 A, PROPERTY REHABILITA 
¥4QN STANDARDS, page 2% paragraph 4^ delete i^e^ 
and insert "air" in lieu thoroof. 

44, In E xh ib i t $m 401 A, PROPERTY REHABILITA 
TION STANDARDS, page 20y paragraph 4^ delete 
"ropaining" and insert "repainting" m lieu thoroof. 



310 ORDINANCES Ord. No. 59 

4^ fe Ex-hikit X& 401 A, PROPERTY REHABILI 
TAT I ON STANDARDS, page 20, paragraph 4^ delete 
"withour" and insert "without" m lieu thoroof. 

46, jft Exhibit £» 401 A, PROPERTY REHABILI 
TAT I ON STANDARD S, page 24y paragra ph 14&, delete 
"ovvupiod" a«d insert "occupied" i» lieu- t horoof. 

Wr fe Exhibit NB 404-A, PROPERTY REHABILI 
TAT ION STANDARD S, page 24, paragraph 2^ delete 
"withour" from the second sentence m the second para 
graph a«d insert "without" m lieu thoroof. 

ig, I» Exhibit £® 401 A, PROPERTY REHABILI 
TAT I ON STANDARDS, page 22, paragrap h &rir, delete 
second "and" from the second paragrap h a»d insert "an" 
ift lieu t horoof. 

ifc fe Exhibit 404-B, ATOAT CONFORMIN G USES, 
page 2^ delete «se ef "701 705 Whitolock Street" m its 
entirety a**d insert "U.S.A. Garage a»d Offices" m lieu- 
thoroof. 

20, fe Exhibit *® 401^ SCATTERED PROPER 
¥iES FOR ACQUISITION AND DISPOSITION FOR 
REHABILITA TION, pages 25 a*d 26, insert the following 
properties m the list alphabetically: 

2246 Brookfiold Avenue 
2&1& B rookfiold Avenue 

£44 Brooks Lane 
052 Brooks Lane 

2S04 Eutaw £laee 

2400 Linden Avenue 

754 Reservoir Street 
800 Reservoir Street 

2^ Delete Exhibits £» 404-4, N£ 404-2, *» 404-3, 
a«d W} 401 4 ef the Plan aftd substitute revised Exhibits 
ND 404-4, £® 444-2, £HE> 404-3, a»4 £» 404-4, dated 4aH«- 

fl rv QQ 1 Q7fi 

Sec. 2. i4?irZ be ft further ordained, That it is necessary 
to acquire, by purchase or by condemnation for urban re- 



ORDINANCES 311 

newal purposes, the fee simple interest or any lesser inter- 
est in and to certain properties or portions thereof situate 
in Baltimore City, Maryland, and described as follows : 

2246 Brookfield Avenue 
2518 Brookfield Avenue 

944 Brooks Lane 
952 Brooks Lane 

2304 Eutaw Place 
2340 EUTAW PLACE 

2400 Linden Avenue 

2301 McCULLOH STREET 

822 NEWINGTON AVENUE 

1130-36 W. NORTH AVENUE 

754 Reservoir Street 
800 Reservoir Street 

LOT 53, BLOCK 3445, SECTION 10, WARD 13 

Sec. 3. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comp- 
troller, or such person or persons and in such manner as 
the Board of Estimates, in the exercise of the power vested 
in it by Article V, Section 5, of the Baltimore City Charter, 
may hereafter from time to time designate, is or are 
authorized to acquire on behalf of the Mayor and City Coun- 
cil of Baltimore and for the purposes described in this 
ordinance the fee simple interest or any lesser interest in 
and to the properties or portions thereof hereinabove men- 
tioned. If the said Real Estate Acquisition Division of the 
Department of the Comptroller, or such person or persons, 
and in such manner as the Board of Estimates, in the exer- 
cise of the power vested in it by Article V, Section 5, of the 
Baltimore City Charter, may hereafter from time to time 
designate, is or are unable to agree with the owner or own- 
ers on the purchase price for said properties or portions 
thereof, it or they shall forthwith notify the City Solicitor 
of Baltimore City, who shall thereupon institute in the 
name of the Mayor and City Council of Baltimore the neces- 
sary legal proceedings to acquire by condemnation the fee 



314 ORDINANCES Ord. No. 61 

District, in the vicinity of Butler Road and Worthington 
Avenue in accordance with the provisions of Chapter 539 
of the Acts of the General Assembly of Maryland 1924 
as amended by Chapter 515 of the Acts of 1955. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the petition, dated August 19, 1975 for 
the extension of the Baltimore County Metropolitan District 
in the 4th Election District of Baltimore County in the 
vicinity of Butler Road and Worthington Avenue more par- 
ticularly shown on a plat filed in the Department of Public 
Works of Baltimore County numbered 75-0402 and dated 
January 28, 1976 is in accordance with the authority granted 
by Chapter 539 of the Acts of the General Assembly of 
Maryland 1924, and amended by Chapter 515 of the Acts of 
1955 hereby consented to and approved. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 11, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 61 
(Council No. 205) 

An Ordinance to amend the renewal plan for Gay Street I, 
Project No. MD R-34, which plan was approved by Ordi- 
nance No. 1183, dated December 2, 1967, to, among other 
things, (1) authorize the acquisition by purchase or by 
condemnation by the Mayor and City Council of Balti- 
more, for urban renewal purposes, of certain properties ; 
(2) fix the location of a floating park; (3) change cer- 
tain land uses; (4) create certain new disposition 
parcels; (5) add two underground utility easements on 
Disposition Lot No. 15; (6) increase permitted density 
on Disposition Lot No. 5; (7) increase the size of Dispo- 
sition Lot Wer NOS. 6 AND 16; (8) add provisions for 
acquisition for LPA rehabilitation; (9) eliminate the 



ORDINANCES 315 

Semi-Public Land Use Classification; (10) ESTABLISH 
PROCEDURES GOVERNING THE ISSUANCE AND 
DENIAL OF DEMOLITION PERMITS; (11) revise 
certain exhibits attached to said plan to indicate the 
changes provided herein; and -(tt> (12) provide for an 
effective date hereof. 

Whereas, the renewal plan for the Gay Street I Project 
was originally approved by the Mayor and City Council by 
Ordinance No. 1183, dated December 2, 1967, and last 
amended by a Resolution of the Board of Estimates, dated 
October 18, 1972 ; and 

Whereas, pursuant to Section 26, Article 13, of the Bal- 
timore City Code (1966 Edition) as amended by Ordinance 
No. 152, approved June 28, 1968, no substantial change or 
changes shall be made in any renewal plan, after approval 
by ordinance, without such change or changes first being 
adopted and approved in the same manner as set forth in 
said Section 26 for the approval of a renewal plan, namely 
the preparation of such change or changes by the Depart- 
ment of Housing and Community Development, the ap- 
proval of such change or changes by the Planning Com- 
mission, and approval and adoption by an ordinance of the 
Mayor and City Council of Baltimore after a public hear- 
ing in relation thereto, all in the manner set forth in said 
Section 26 ; and 

Whereas, the Department e£ H ous i ng an4 Commun i ty 
Development ha4 prepared a list el change s to the ^e- 
nowal plan fe* Gay Street I? known as " Amendment Nor S 
te the Renewal Plan £e* Gay Street V^ dated February 4&j 

WHEREAS, EXTENSIVE CHANGES IN THE TEXT 
OF THE RENEWAL PLAN MAKE IT INFEASIBLE TO 
MAKE LINE BY LINE CHANGES; THEREFORE, THE 
DEPARTMENT OF HOUSING AND COMMUNITY DE- 
VELOPMENT HAS PREPARED AN AMENDED RE- 
NEWAL PLAN FOR GAY STREET I TO INCORPO- 
RATE THOSE CHANGES WHICH ARE GENERALLY 
DESCRIBED ABOVE AND ARE REFERRED TO AS 
AMENDMENT NO. 3 TO THE RENEWAL PLAN FOR 
GAY STREET I; AND 



316 ORDINANCES Ord. No. 61 

Whereas, said Amendment No. 3 has been approved by 
the Planning Commission of Baltimore on March 18, 1976 
and has been approved and recommended to the Mayor and 
City Council by the Commissioner of the Department of 
Housing and Community Development on March 19, 1976; 
now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the following amendment a«4 changes 
to the renewal plan £0* Gay Street i having boon du l y re- 
viowod a«4 considered, are hereby approved, a»4 the C l erk 
e£ the City Counc i l is hereby directed to file a eepy of sa44 
amendment (identified as Amendment Nor &)• AMENDED 
RENEWAL PLAN FOR GAY STREET I, IDENTIFIED 
AS "URBAN RENEWAL PLAN, GAY STREET I . . . 
REVISED TO INCLUDE AMENDMENT NO. 3 DATED 
FEBRUARY 18, 1976 AND REVISED MAY 20, 1976" 
IS HEREBY APPROVED, AND THE CLERK OF THE 
CITY COUNCIL IS HEREBY DIRECTED TO FILE A 
COPY OF SAID AMENDED RENEWAL PLAN with the 
Department of Legislative Reference as a permanent pub- 
lic record and make the same available for public inspec- 
tion and information. 

± ^ TABLE OF CONTENTS, u«4er LAND ¥SE 
PLAN, page ij "Permitted Uses" sect i on, delete "Semi 
Public C.2.b.(5) &• m its entirety; delete ^ from "C.2.b. 

( a\ " orul i n^rf "E21 la lion thr r o n f 

\\7 / j tXTTTT TTTnCiv " TTT XX^TTT vnv>i wx« 

& ^ TABLE OF CONTENTS, m*4er PROJECT PRO- 
POSALS, page iij "Conditions Under Which Properties 
££et Designated for Acquisition May Be Acquired - ' section, 
a44 to the sub section "Non Salvablo", ( -^¥ Non Compliance 

TT It'll 2. ^f \7 v"Cv vw 1 v v irtlUl*ivil v" T 

g, Ik TABLE OF CONTENTS, m4er PROJECT PRO- 
POSALS, page Oj "Conditions Under Which Properties 
Not Dosignat e4 for Acquisit i on May Be Acquired" section, 
delete "Non Compliance with Provisions" a«4 i nsert "Dos 
ignatod or Undesignated Properties for Acquisition for 
Rehabilitation by the Department of Hous i ng a«4 Com 
munity Development" m lieu thereof ; delete page "16", a«4 

inr.oH "\TF\y p A r p I fiA" in lirn thrronf 

4, -In TABLE OF CONTENTS, *m4er PROJECT PRO- 
POSALS, page iij "Property Acquisition" se ction, ad4 a 



ORDINANCES 



317 



new sub - s e ction, " Actions te fee Fo ll ow ed fey the de part - 
ment el Hous i ng and Community De velopm ent Upon Ae- 
quisition el feopcrti es le* Rehabilitation D.l.c. NEW 
PAGE ISA^ 

^ fe TABLE OE CONTENTS, alter ^ APPENDIX A^ 
page », ad4 a »ew appen d ix, "APPENDIX J^ NON 

& fa TABLE OE CO NTENTS, trade? EXHIBITS, page 
iiiy delete the date s el the "Land Use Map", "Prop erty Acqui 
sition Map", and "Land Disposition Map" an4 insert 
"2/18/76" in lieu thereof, 

•k fa Section O^ LAND USE PLAN, page 2? paragraph 
C.l.b., delete "and semi public" in its entirety. 

& in Section C^ LAND USE PLAN, page 2, paragraph 

vj .ii. Or, 111 LI1U TseCOllCl SOIl l/C'ilCC) ilUCl ilIlU. ccTrbeir COIIimUx Ciili," 
<-> t-\ A r\ n l fy fr 1 ** «■> >->rl ft^ty ii tu t V vl i p * * •»•*•> i/f-n /-> -k>4-t i»nfTT 

cXTT^X vtUTUTv , l^vxxv* DUTTTI ^ mn/*av TTT * vu viivaiwj • 

& in Seetien C^ LAND USE PLAN, page 2, paragraph 
C.2.b., delete ^6^ from the third se ntenc e an4 insert '-&- 

xxx Llpu fc fa ov onf 

TTT TT^TT TTivTX CulT 

iOr in Section Cry LAND USE PLAN, - page S, delete 

|JLCX <-lg i. «_l|J±l VJ 7^J . >J ^ W ^ TTT TUEJ U11LITX C UJI • 

44, j» Section C? LAND USE PLAN, page 6? delete 
i£$» It^errr "C.2.b.(6)" and ( -^S^- and insert ^ in lie* 

TyTTv^TJ^CTTTrT 



42, fe Seetierr Qrj LAND USE PLAN, page 8, add para- 
graph reference "C 2.c.(2) (a)vi." te the lelt el ^viA 

42, fe Section C, Lx\ND USE PLAN, page Sy delete 
"C.2.c.(2)(a)vi." and insert "C.2.c.(2) (a)vii." in lieu 

•f it r\i* r\ r\-r 

44. In Section C, LAND USE PLAN, page 8, delete 
"C.2.c.(2)(a)vii." and insert "C.2.c.(2) (a)viii.," in lie* 

TTTv^TT^TTT/T 

45, in Seetierr Q^ LAND USE PLx\N, page gr delete 
"C.2.c.(2)(a)viii." and insert "C.2.c.(2) (a)ix." m lie* 

TtTT^TT \Z tttjt 

44, in S e ction C^ LAND USE PLAN, page g, delete 
fife^ and irrsert "C.2.c.(2)4a)x." in lieu- thereel. 



318 ORDINANCES Ord. No. 61 

4£r 4ft Seetieft Q^ LAND USE PLAN, page 8, delete 
"C.2.c.(2)(a)x." aftd iftse*t "C.2.c.(2) (a)xi." m Ue» 

emamaa£ 

II IT- I lyfll 

±2, fe Sootion Q^ LAND USE PLAN, page $7 delete 
"C.2.G.(2)(a)x.(a , r aftd iftse*t "C.2.c.(2) (a)xi.(a')" i» 
lieft he reof. 

±&7 i» Seetieft Gvy LAND USE PLAN, page 87 delete 
"C.2.G.(2)(a)x.(ty)" a»4 iftse*t "C.2.o.(2) (a)xi.(b')" ift 

I4.014. i HnvpffF 

20, ift Section €^ LAND USE PLAN, page &? delete 
"C.2.o.(2)(a)x.(o')" aftd iftse*t "C.2.e.(2) (a)xi.(c')" ift 
lieft the reof . 

Si, I» Seetieft Qrj LAND USE PLAN, page 9, delete 
"C.2.c.(2)(a)xi." aftd iftse*t "C.2.c.(2) f a)xii." ift fte« 

vTTTrrC\7T7 

22, jft Secti o n G^ LAND USE PLAN, page £7 pa*a- 
graph xiry delete "xi." aftd iftse*^ "x i i." ift lieft he reof ; 

23, fe Seetieft C^ LAND USE PLAN, page £7 delete 
"C.2.c.(2)(a)xi.'(aT' aftd i»se*t "C.2.c.(2) (a - )xii.(a')" m 

TTCtx "UrTTTx v^TTTT 

24t ift Section G^ LAND USE PLAN, page £7 pa*a- 

ffrn rtV) / n '\ HMoto " 9p mi Pn hl i r" frn m ih n t.it.ln- 

Rvn TIT ^ 01 / tTCitrv ^ T7C11H X LI U^iL/ Ill/Ill T/XI" TTvivt 

2^ 4ft Section €^ LAND USE PLAN, SCHEDULE QE 
STANDARDS EQR RESIDENTIAL DEVELOPMENT, 
page 42r delete ^80^ Iw "Maximum Density" ftftde* "R 1" 

o H /•! iv>c<n i-»t- QA y " in 4-1 O 11 l-LLi_Li!0£-L-£_ 
tTTTTT T I lOUI'v ~" W TTT TTa_,TX ~I IxJ I \JwX • 

2& J» Section £v7 LAND USE PLAN, page 13, delete 
paragrap h "C.2.o.(2) (d)" ift its e ntirety. 

2^ ift Section €.7 LAND USE PLAN, page 43? pa*a- 
^h^ C.2.o.(2)(o), delete i^ feftft " C.2.e.(2) 4e^y iife}^ 
"C.2.o.(2)( e»iA a»d "C.2.e.(2) (o)ii.," aftd iftse*t ^ ift 

1 ici 1 j lini'fio r 

TTTTTT Trrr*- 1 V^*_F L • 

28, 4ft Seetieft D^ PROJECT PROPOSAL S; paragrap h 
D. l.l) ^ page 44; add a »ew subtitle "(1) Neft- Salvab l e e* 
Non Complianco with Notic e te Rehabilitat e" under the 

20r 4-h Seetieft D^ PRO J EC T PROPOSALS, page 4^ 
paragrap h I). Lb., delete "D.l.b.(l)" aftd iftse*t "D.l.b.(l) 



ORDINANCES 319 

( n V> ia Up«. thrronf • d*4piA "(1 V find in r.o rt. " ( riV ' iw- lion 

thoroof; delete "D.l.b.(2)" and insert "D.l.b.(l) ( - b)", 4e- 
IH-p "/oy> nr> H in rorf " (h V i» Upu. t.hr r rnf 

gOr la Soction E^ PROJECT PROPOSALS, paragraph 

D t-K->tTr nn n- n 1 £ A r> H H " f~TV<~> nam f n V> PP P' f"i HTt B D 3 V> ^ 3 ^ 

• J_ 1 1 11U >T DQK C X Ol XI 14HIA vTTv 11^- If OvrwuCUvIvTTo KSP mm ^ 1«J ^ 

«•> t->/-1 T^ 1 n o c ■¥ r\ 1 I AXirc< « 
III 111 I7TT7CTJ l*U TT7n^TT~CTT 

ifjH D.l.b.(2) 

42}- Designated e* Undesignated Proportios fe* Acqui 
sition fe* Rehabilitation by the Dopartmont el Housing 
and Community Development. 

It may be necessary te acquire by purchase e* by een- 
domnation £e* urban renewal purposes the fee simple in- 
terest, e¥ any lessor interest, in an4 te such ef the remain 
ing proportios e* 2 portions thoroof in the Gay Street I 
project net designated £&¥ acquisition, in addition te those 
proportios enumerated in- Soction D.l b.(l) above in order 
te carry e«t rehabilitation by the Dopartmont ef Hous ing 
and Community Development because: 

-(a)- Rehabilitation en a structure by structure basis is 
infoasiblo, and assemblage ef a group ef properties is ¥&- 
quired te carry eat the objectives set f ort h in this Plan, e* 

4b> It is necessary te make residential s tructures avail 
able fe* use ef lew e* moderate - income familios 7 &b 

4e)- Rehabilitation ef individual, scattered proportios 
is nocossary in order te remove b li gh t ing influences from 
otherwise sound residential blocks. 

Ill D^e 

■f&)- Actione te be Followed by- the Department of- 
Housing and Community Development Upon Aequi&Ui&n 

r\-t P/v»^/y\>oi->-/--) si o + r\/v* T? n li ft r% 1 1 ) ~f n 7- iVi -i-i 
"/ 1. T "/|/"ryt"i7 J " T J. WVVw«7 t-Fc VLVV c l^ TV 

-(4)- Rehabilitate the property m conformance with the 
eedes and ordinances ef Baltimore City and the rohabilita 
tien standards and objectives set forth in this £lan and 
dispose ef the property m accordanco with applicab le rogu 
lations. If sale cannot be consummated by the time *=eha- 
bilitation is accomplished, units shall be rented ponding 
continuing sale effort s ; e* 



320 ORDINANCES Ord. No. 61 

4&)- Sell &¥ lease the property subject te rehabilitation 
i« conformance with the codes a**4 ordinances e£ Balti 
more Gity- a-n4 the rehabilitation standards a«4 objectives 
set forth m this Plan; &¥ 

434- Demolish the structure e* structures thereon a«4 
dispose e£ la«4 re* redevelopment re* »ses «* accordance 
w44h this Plan." 

gi, A&e* APPENDIX Ay page 2S. a44 a flew appendix, 
«ew page 24 as follows: 

« APPENDIX E 

NON SALVABLE PROPERTIES 
The following non salvablo properties have boon ae- 

V|Ut 11 <JU CTTTTT tXTTT OTTtnTTT UI1 -LJJ1.11I KJ L VU f& U11U J. . 

1405 Ashland Avenue 
1427 A s hland Avenue 
1608 10 Ashland Avenue 
4628 Ashland Avenue 

820 North Ben4 Street 
832 34 £re*th £e**4 Street 

4S48 East Madison Street" 

3^7 Delete Exhibits 2? &y a»4 4 e£ the Plan a»4 substi 
tare revised Exhibits 2j ^ an4 4 4ate4 2/18/76. 

Sec. 2. And be it further ordained, That it is necessary 
to acquire by purchase or by condemnation for urban 
renewal purposes the fee simple interest or any lesser in- 
terest in and to certain properties or portions thereof 
situate in Baltimore City, Maryland, and described as fol- 
lows: 

1405 Ashland Avenue 
1427 Ashland A venue 
1608-10 Ashland Avenue 
1628 Ashland Avenue 

£24 4U*u4 Street 
Kte ^*r4 Street 
gg4 u<m4 Street 



ORDINANCES 321 

820 NORTH BOND STREET 
832-34 NORTH BOND STREET 

911 NORTH Eden Street 
913 NORTH Eden Street 
915 NORTH Eden Street 

1518 East Madison Street 

Sec. 3. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the Board 
of Estimates, in the exercise of the power vested in it by- 
Article V, Section 5, of the Baltimore City Charter, may- 
hereafter from time to time designate, is or are authorized 
to acquire on behalf of the Mayor and City Council of Bal- 
timore and for the purposes described in this ordinance the 
fee simple interest or any lesser interest in and to the 
properties or portions thereof hereinabove mentioned. If 
the said Real Estate Acquisition Division of the Depart- 
ment of the Comptroller, or such person or persons, and in 
such manner as the Board of Estimates, in the exercise of 
the power vested in it by Article V, Section 5, of the Balti- 
more City Charter, may hereafter from time to time 
designate, is or are unable to agree with the owner or own- 
ers on the purchase price for said properties or portions 
thereof, it or they shall forthwith notify the City Solicitor 
of Baltimore City, who shall thereupon institute in the 
name of the Mayor and City Council of Baltimore the neces- 
sary legal proceedings to acquire by condemnation the fee 
simple interest or any lesser interest in and to said prop- 
erties or portions thereof. 

SEC. 4. AND BE IT FURTHER ORDAINED, THAT 
ALL APPLICATIONS FOR DEMOLITION PERMITS 
SHALL BE SUBMITTED TO THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT FOR 
REVIEW AND APPROVAL. UPON FINDING THAT 
THE PROPOSED DEMOLITION IS CONSISTENT WITH 
THE OBJECTIVES OF THE URBAN RENEWAL PLAN, 
THE COMMISSIONER OF THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT SHALL 
AUTHORIZE THE ISSUANCE OF THE NECESSARY 
PERMIT. IF THE COMMISSIONER FINDS THAT THE 



322 ORDINANCES Ord. No. 61 

PROPOSAL IS INCONSISTENT WITH THE URBAN 
RENEWAL PLAN AND THEREFORE DENIES THE 
ISSUANCE OF THE PERMIT, HE SHALL, WITHIN 90 
DAYS OF SUCH DENIAL, SEEK APPROVAL OF THE 
BOARD OF ESTIMATES TO ACQUIRE FOR AND ON 
BEHALF OF THE MAYOR AND CITY COUNCIL THE 
PROPERTY, IN WHOLE OR IN PART, ON WHICH 
SAID DEMOLITION WAS TO HAVE OCCURRED, BY 
PURCHASE, LEASE, CONDEMNATION, GIFT OR 
OTHER LEGAL MEANS FOR THE RENOVATION, RE- 
HABILITATION AND DISPOSITION THEREOF. IN 
THE EVENT THAT THE BOARD OF ESTIMATES 
DOES NOT AUTHORIZE THE ACQUISITION, THE 
COMMISSIONER SHALL, WITHOUT DELAY, ISSUE 
THE DEMOLITION PERMIT. 

Sec. 4t 5. And be it further ordained, That in whatever 
respect, if any, the amended renewal plan approved 
hereby for Gay Street I may not meet the requirements as 
to the content of a renewal plan or the procedures for the 
preparation, adoption, and approval of renewal plans, as 
provided in Ordinance No. 152, approved June 28, 1968, 
the said requirements are hereby waived and the amended 
renewal plan approved hereby is exempted therefrom. 

Sec. £t 6. And be it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining pro- 
visions of this ordinance without the word, phrase, clause, 
sentence, paragraph, section or part or the application 
thereof so held invalid. 

Sec. &t 7. And be it further ordained. That in any case 
where a provision of this ordinance concerns the same sub- 
ject matter as an existing provision of any zoning, build- 
ing, electrical, plumbing, health, fire or safety ordinance 
or code or regulation, the applicable provisions concerned 
shall be construed so as to give effect to each; provided, 



ORDINANCES 323 

however, that if such provisions are found to be in irre- 
concilable conflict, the provision which establishes the 
higher standard for the promotion of the public health and 
safety shall prevail. In any case where a provision of this 
ordinance is found to be in conflict with an existing provi- 
sion of any other ordinance or code or regulation in force 
in the City of Baltimore which establishes a lower standard 
for the promotion and protection of the public health and 
safety, the provision of this ordinance shall prevail, and 
the other existing provision of such other ordinance or code 
or regulation is hereby repealed to the extent that it may 
be found in conflict with this ordinance. 

Sec. £t 8. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 11, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 62 
(Council No. 227) 

An Ordinance to add new subsection (p-7) to Section 37 
of Article 1 of the Baltimore City Code (1966 Edition), 
title "Mayor, City Council, and Municipal Agencies," 
subtitle "Commission for Historical and Architectural 
Preservation/' to follow immediately after subsection 
(p-6) thereof, declaring the area located within certain 
described boundaries to be the Mt. Royal Terrace- 
Reservoir Hill Historical and Architectural Preservation 
District. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new subsection (p-7) be and it is hereby 
added to Section 37 of Article 1 of the Baltimore City Code 
(1966 Edition), title "Mayor, City Council, and Municipal 
Agencies," subtitle "Commission for Historical and Archi- 
tectural Preservation," to follow immediately after subsec- 
tion (p-6) thereof, and to read as follows : 



324 ORDINANCES Ord. No. 63 

37. 

(p-7) Beginning for the same at the point formed by 
the intersection of the south side of Lennox Street, as now 
laid out, and the southwest side of Mt. Royal Terrace, as 
now laid out, and running thence binding on the south- 
tvest side of said Mt. Royal Terrace, Southeasterly 375 feet, 
more or less, to intersect the north side of North Avenue, 
as now laid out; thence binding on the north side of said 
North Avenue, Westerly 120 feet, more or less, to intersect 
the northeast side of a 16 foot alley, there situate; thence 
binding on the northeast side of said 16 foot alley, North- 
ivesterly 15 U feet, more or less, to intersect the north side 
of a 20 foot alley, there situate; thence binding on the 
north side of said 20 foot alley, Westerly 60 feet, more or 
less, to intersect the northeast side of another 16 foot alley; 
thence binding on the northeast side of last said 16 foot 
alley, Northwesterly 115 feet, more or less, to intersect the 
east side of a 15.33 foot alley, there situate; thence bind- 
ing on the east side of said 15.33 foot alley, Northerly 71 
feet, more or less, to intersect the aforesaid south side of 
Lennox Street and thence binding on the south side of said 
Lennox Street, Easterly 100 feet, more or less, to the place 
of beginning. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of passage. 

Approved June 11, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 63 
(Council No. 86) 

An Ordinance to amend the Renewal Plan for the Oliver 
Neighborhood Development Program Urban Renewal 
Area, which Plan was originally approved by the Mayor 
and City Council of Baltimore by Ordinance No. 1067, 
dated May 17, 1971, to, among other things, (1) delete 
1425 North Bond Street from acquisition; (2) authorize 



ORDINANCES 325 

the acquisition by purchase or by condemnation by the 
Mayor and City Council of Baltimore, for urban renewal 
purposes, of certain properties within Oliver; (3) ES- 
TABLISH PROCEDURES GOVERNING THE ISSU- 
ANCE AND DENIAL OF DEMOLITION PERMITS; 
(4) designate properties in the 1800 block Hope Street 
and the 1200 and 1300 blocks East North Avenue for 
private rehabilitation; -{4± (5) create certain new disposi- 
tion lots for residential public park, and right-of-way use; 
-(&■)- (6) subdivide certain disposition lots to create ad- 
ditional park/recreation space and a site for a day care 
center ; -(-£> (7) increase the density on certain disposition 
lots; -(£)- (8) combine certain disposition lots for residen- 
tial use by eliminating an alley; 4^- (9) reflect the adop- 
tion of certain Zoning District changes; 4^- (10) change 
the land use of former School 20 from Primary Center to 
Multi-Service Center; -(^Q)- (11) delete the Property Re- 
habilitation Standard regarding unvented space heaters 
as it is part of the Housing Code of Baltimore City ; (11) 
(12) revise certain exhibits attached to the Renewal Plan 
to indicate the changes provided herein; and (13) pro- 
vide for the effective date hereof. 

Whereas, the Renewal Plan for the Oliver Neighborhood 
Development Program Urban Renewal Area was originally 
approved by the Mayor and City Council of Baltimore by 
Ordinance No. 1067, dated May 17, 1971; and 

Whereas, pursuant to Section 26, Article 13, of the Bal- 
timore City Code (1966 Edition) as amended by Ordinance 
No. 152, approved June 28, 1968, no substantial changes 
or changes shall be made in any Renewal Plan, after ap- 
proval by ordinance, without such change or changes first 
being adopted and approved in the same manner as set 
forth in said Section 26 for the approval of a Renewal Plan 
namely, the preparation of such change or changes by the 
Department of Housing and Community Development, the 
approval of such change or changes by the Planning Com- 
mission, and approval and adoption by an ordinance of the 
Mayor and City Council of Baltimore after a public hearing 
in relation thereto, all in the manner set forth in said 
Section 26; and 

Whereas, the Department of Housing an4 Community 
Development has prepared a list e£ changes te the Renewal 



326 ORDINANCES Ord. No. 63 

P lan £&¥ Oliver, known as "Amendment N&r % te the 
Urban Renewal Plan £e* the Oliver Neighborhood Develop 
F»en4 P rogram Urban Renewal Area", dated January 4-Sy 

I flTf v nnri 

JL ^ I TJ , III IU 

WHEREAS, EXTENSIVE CHANGES IN THE TEXT 
OF THE RENEWAL PLAN MAKE IT INFEASIBLE 
TO MAKE LINE BY LINE CHANGES; THEREFORE, 
THE DEPARTMENT OF HOUSING AND COMMUNITY 
DEVELOPMENT HAS PREPARED AN AMENDED RE- 
NEWAL PLAN FOR OLIVER TO INCORPORATE 
THOSE CHANGES WHICH ARE GENERALLY DE- 
SCRIBED ABOVE AND ARE REFERRED TO AS 
AMENDMENT NO. 6 TO THE RENEWAL PLAN FOR 
OLIVER; AND 

Whereas, said Amendment No. 6 has been approved by 
the Planning Commission of Baltimore on January 22, 1976 
and has been approved and recommended to the Mayor and 
City Council by the Commissioner of the Department of 
Housing and Community Development on January 23, 1976; 
now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the following amendment a«4 changes te 
the Renewal Plan fop the Oliver Neighborhood Development 
Urban Renewal Area having boon duly reviewed a«4 con 
sidorod, ft^e hereby approved, a«4 the Clerk e£ the City 
Council is hereby directed te file a copy ef sa44 amendment 
(identified as Amendment No. Q AMENDED RENEWAL 
PLAN FOR OLIVER, IDENTIFIED AS 'URBAN RE- 
NEWAL PLAN, OLIVER NEIGHBORHOOD DEVELOP- 
MENT PROGRAM URBAN RENEWAL AREA ... RE- 
VISED TO INCLUDE AMENDMENT NO. 6, DATED 
JANUARY 15, 1976 AND REVISED APRIL 22, 1976' IS 
HEREBY APPROVED, AND THE CLERK OF THE CITY 
COUNCIL IS HEREBY DIRECTED TO FILE A COPY 
OF SAID AMENDED RENEWAL PLAN with the De- 
partment of Legislative Reference as a permanent public 
record and make the same available for pulbic inspection and 
information. 

± fa TABLE OP CONTENTS, tm4ey LAND DISPOSI 
T ION S UPPLEMENT, page iiy "Residential Development" 



ORDINANCES 327 

section, doloto "15A" and insert "17A" in lieu thereof and 
a44 ii^g, 2% go, Si/ 1 afte^ ^2^, 

2, i» TABLE OE CONTENTS, tmde* LAND DISPOSI 
QSQU SUPPLEMENT, page ii? "Public E nvelopment" b&q- 
tiofiy add ^2A^ afte* ^Lets^ an4 ^32^ afte*±i25^ 

g, fe TABLE OP CON TENTS, ttn4e^ EXHIBITS, page 

■iii r^/->1 r>-f rt 4- Vi r> rl O^O tt£ "FvVl 1* V >1"{" 1 "^ V» T-»<"vn ryV> K o ■>-> A i y> o<">-i*4- 
111, TXtTTCTT? 1/11U tTOTCO T7TT J_ JJLlllkJl UU T TT11JL ^ Ll^jll TT 1411U. lllOUl U 

"1/15/76" 4^ lien thereof. 

4, i» Section E^ LAND DISPOSITION SUPPLEMENT, 
p ag e 9? paragraph E.l.b. "Reside ntial Dev e lopment", delete 
"15A," and insert "17A" in lieu- thereof - and add ^2% 29* 30 ? 

^ i» geetien & LAND DISPOSITION SUPPLEMENT, 
page 40^ p aragraph Et4v1* 4^ delete ^45^ l^em the title ei 

& fa Section E^ LAND DISPOSITION SUPPLEMENT ,- 
pago i&y paragraph E.l.b. (3), "Disposition Let &^ delete 

DO 111 CJLIK-'UI^*-/U1VJ11 \K) f U,LL\X lxlkJ^X U ?J V-» 111 TTTTCt UlUJi ^*~>J_ . 

gx fa Section E^ LAND DISPOSITION SUPPLEMENT, 

rt on-p 1 1 n ajMLggan h E 1 h (£ \ u ni ,"- n n^. it.i nn Lot 15AZZ Ho l r t o 
i£A^#-yem "15x\". 

& in Section Ery LAND DISPOSITION SUPPLEMENT, 
page 44? paragraph E.l.b. (6) (a), doloto "20" and insert 

"35" in lio n thr rnn f 

0, fa Section E^ LAND DISPOSITION SUPPLEMENT, 
page 44^ paragrap h E.l.b.(6) (b), add ^and Aisquith 
Street" a&e? "Harford Avenue". 

i» Section E^ LAND DISPOSITION SUPPLEMENT, 
page 44y paragrap h E.l.b.(6) (d), delete i^ ftem "15A" 

TT'lT^X \s XT? vtJL7T-F"lXX O 1/ TV H^vJ XXI TTTvT IJlvX tig riXUlTi 

44, fa Section E^ LAND DISPOSITION SUPPLE 
MENT, page 44t paragraph E.l.b., add a new paragrap h 

"(7^ Dirnnritir m T. n fr 17 A 

v i-i / J. nit* iul cjiiiXii ue iiiiii Lett lo nonpr onu OiUmS anci lodges , 
schools and other educational facilities; parks; play 



328 ORDINANCES Ord. No. 63 

grounds; subject te approval el the Board el Municipal aad 
Zoning Appeals, day nurseries aad nursery schools a«4 

i-\4 Kav T^iil^lip v.o-v\7\nr i P- 1 1 pop 

( U\ Mn v imnm r nvovrwo of thr lot r. h .n l l ho QO^ 

"Y7TJ* TTTTTTTrTTTTtTTTT tv Ttl ^fc) *-' ^^TT TTTTTT TTTv CTTTCTTT DC TT\J /\T • 

4c-)- A minimum setback el the 22 leet shall be required 
from Harford Avenue, except whea m the sele judgment el 
the Commissioner el the Department el Housing aad Com 
muni ty Development a l e ss o r se tbac k ea= ae setback is ^e- 
quirod." 

43, fe Section £^ LAND DISPOSITION SUPPLE 
MENT, page 44y paragraph E.l.b.(7), "Disposition Let 44^ 

Hr lofo "(TV' n n H i nr.prt "(R)" in linn thrrrof 

UU1U IU ^ I / ITTTTX lllCJUx V \ KJ ) 111 1HJU TrtvrCTTTT 

4^ in Section B^ LAND DISPOSITION SUPPLE 
MENT, page 44? aew paragraph E.l.b.(8), delete para 
graph 4a> ia its entirety aad insert the following m liea 
thereof: 

"(a) Subject te the approval el the Board el Municipal 
aad Zoning Appeals, parking ler- undertaking e stablish 



44, fe geetiea &? LAND DISPOSITION SUPPLE 
MENT, page 44y paragraph E.l.b.(8), "Disposition Let 53^ 

HHr t n "(R} " n n rl i nr.rvt . "(QV in lion t h r ron f 

UCML LU ^ O ^ TTJTTX UlU^ J. U V, U / 111 TTTTTT U1L1 LU1. 

45, j» Section £^ LAND DISPOSITION SUPPLE 
MENT, page 44, paragraph E.l.c, add ^2A^ alter "Lots" 

44, 4a Section E^ LAND DISPOSITION SUPPLE 
MENT, page 44, paragraph E.lc.(l), add '-&• te ^4et^ 
iigA^ alter- "Lots", aad ^^2^ alter '-±2&± 

45, 4a Section E^ LAND DISPOSITION SUPPLE 
MENT, page 42, paragraph E.l.c.(l), delete ^A^ l*em 

±'f 1 i W 1 IV," 1 O TT etfTJTTTTTT"© FT IOQ 111 VI IV TTTTTTT OTTXTT^TTTTCT 

4S, 4a Section g, OTHER PROVISIONS NECESSARY 
TO MEET REQUIREMENTS OP STATE AWD LOCAL 
LAWS, page 4S, paragraph F^ "Zoning", delete the 

wv viivi Dvh ^V IIVL III TTTT vTTTTrT7vT7 

4& 4a Exhibit WD 401 A, PROPERTY REHABILITA 
TION STANDARDS, page 20, delete paragraph & ia its 



ORDINANCES 329 

entirety a»4 rolottor paragraphs "g", "h", <J 4^j an4 i -^- 
te iase*t ^A %A if b^ a*** ^ rocpoctivoly. 

24, x» Exhibit £» 101 C, SCATTERED P ROPER 
:£XEg PO^ ACQUISITION AN© DISPOSITION £QR 
REHABILITiVTION, page 2&j 4e4ete ^1425 N, Be^d Street" 

111 1 Lij UIlLli u Ly » 

2i7 Delete Exhibits 4- through 5 eg the £to and substitute 
revised Exhibits i through 5 dated January i% 1976. - 

Sec. 2. AraZ be it further ordained, That it is neces- 
sary to delete the following property from the list of prop- 
erties to be acquired in Ordinance No. 737, approved 
October 17, 1974 : 

1425 N. Bond Street 

Sec. 3. And be it further ordained, That it is necessary to 
acquire by purchase or by condemnation for urban renewal 
purposes the fee simple interest or any lesser interest in 
and to certain properties or portions thereof situate in 
Baltimore City, Maryland, and described as follows : 

1204 AISQUITH STREET 
1206 AISQUITH STREET 
1208 AISQUITH STREET 

1 933 XT fVnt.rfil A von no 
1 935 "N T fVntvnl A v p- n no 

AiJvT7 ZTi \-/viI II 111 XX T VylXUU 

1 9_Q7 N " rVntv.nl A von no 

j-4-j^-aT TXT ^TUTTvTTTT TTTUuttv 

1 9QQ M fVntvnl Ajaauia 

1 Q/1 "I "\T pAnfvn 1 A tt rwmii 
XU X^C 11 • wilvl 1X1 XXV czxnc 

1501 Ensor Street 

1600 Llewelyn Avenue 

1018 E. Preston Street 
1021 E. Preston Street 

1 303 F Prnrtr m Slt/roofr 

jl.*-t \s*~r 1T7 X ±\^UV\J1X k7fl "\J C 

Sec. 4. And 6e i£ further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the Board 
of Estimates, in the exercise of the power vested in it by 



330 ORDINANCES Ord. No. 63 

Article V, Section 5, of the Baltimore City Charter, may 
hereafter from time to time designate, is or are authorized 
to acquire on behalf of the Mayor and City Council of Bal- 
timore and for the purposes described in this ordinance the 
fee simple interest or any lesser interest in and to the prop- 
erties or portions thereof hereinabove mentioned. If the 
said Real Estate Acquisition Division of the Department of 
the Comptroller, or such person or persons, and in such 
manner as the Board of Estimates, in the exercise of the 
power vested in it by Article V, Section 5, of the Baltimore 
City Charter, may hereafter from time to time designate, 
is or are unable to agree with the owner or owners on the 
purchase price for said properties or portions thereof, it 
or they shall forthwith notify the City Solicitor of Baltimore 
City, who shall thereupon institute in the name of the 
Mayor and City Council of Baltimore the necessary legal 
proceedings to acquire by condemnation the fee simple 
interest or any lesser interest in and to said properties or 
portions thereof. 

SEC. 5. AND BE IT FURTHER ORDAINED, THAT 
ALL APPLICATIONS FOR DEMOLITION PERMITS 
SHALL BE SUBMITTED TO THE DEPARTMENT 
OF HOUSING AND COMMUNITY DEVELOPMENT FOR 
REVIEW AND APPROVAL. UPON FINDING THAT 
THE PROPOSED DEMOLITION IS CONSISTENT WITH 
THE OBJECTIVES OF THE URBAN RENEWAL PLAN, 
THE COMMISSIONER OF THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT SHALL 
AUTHORIZE THE ISSUANCE OF THE NECESSARY 
PERMIT. IF THE COMMISSIONER FINDS THAT THE 
PROPOSAL IS INCONSISTANT WITH THE URBAN RE- 
NEWAL PLAN AND THEREFORE DENIES THE IS- 
SUANCE OF THE PERMIT, HE SHALL, WITHIN 90 
DAYS OF SUCH DENIAL, SEEK APPROVAL OF THE 
BOARD OF ESTIMATES TO ACQUIRE FOR AND ON 
BEHALF OF THE MAYOR AND CITY COUNCIL OF 
BALTIMORE THE PROPERTY, IN WHOLE OR IN 
PART, ON WHICH SAID DEMOLITION WAS TO HAVE 
OCCURRED, BY PURCHASE, LEASE, CONDEMNA- 
TION, GIFT OR OTHER LEGAL MEANS FOR THE RE- 
NOVATION, REHABILITATION AND DISPOSITION 
THEREOF. IN THE EVENT THAT THE BOARD OF 



ORDINANCES 331 

ESTIMATES DOES NOT AUTHORIZE THE ACQUISI- 
TION, THE COMMISSIONER SHALL, WITHOUT DE- 
LAY, ISSUE THE DEMOLITION PERMIT. 

Sec. 5t 6. And be it further ordained, That in whatever 
respect, if any, the amended Renewal Plan approved hereby 
for Oliver may not meet the requirements as to the content 
of a Renewal Plan or the procedures for the preparation, 
adoption, and approval of Renewal Plans, as provided in 
Ordinance No. 152, approved June 28, 1968, the said require- 
ments are hereby waived and the amended Renewal Plan 
approved hereby is exempted therefrom. 

Sec. &• 7. And be it further ordained, That in the exe*£ 
EVENT it be judicially determined that any word, phrase, 
clause, sentence, paragraph, section or part in or of this 
ordinance or the application thereof to any person or circum- 
stances is invalid, the remaining provisions and the applica- 
tion of such provisions to other persons or circumstances 
shall not be affected thereby, the Mayor and City Council 
hereby declaring that they would have ordained the remain- 
ing provisions of this ordinance without the word, phrase, 
clause, sentence, paragraph, section or part or the applica- 
tion thereof so held invalid. 

Sec. 3* 8. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same sub- 
ject matter as an existing provision of any zoning, building, 
electrical, plumbing, health, fire or safety ordinance or 
code or regulation, the applicable provisions concerned 
shall be construed so as to give effect to each; provided, 
however, that if such provisions are found to be in irrecon- 
cilable conflict, the provision which establishes the higher 
standard for the promotion of the public health and safety 
shall prevail. In any case where a provision of this ordi- 
nance is found to be in conflict with an existing provision of 
any other ordinance or code or regulation in force in the 
City of Baltimore which establishes a lower standard for 
the promotion and protection of the public health and 
safety, the provision of this ordinance shall prevail, and the 
other existing provision of such other ordinance or code or 
regulation is hereby repealed to the extent that it may be 
found in conflict with this ordinance. 



332 ORDINANCES Ord. No. 64 

Sec. & 9. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 15, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 64 
(Council No. 153) 

An Ordinance to amend the Renewal Plan for the Fremont 
Urban Renewal Project, which Plan was approved by 
Ordinance No. 538, dated March 1, 1974, to, among other 
things, (1) create certain new disposition parcels; (2) 
designate certain properties for rehabilitation in lieu of 
clearance; (3) recommend certain zoning district 
changes; (4) change the sizes of Disposition Lots Nos. 
1, 2, and 7; (5) change certain land uses; (6) show 
utility easements on Disposition Lot No. 4; (7) modify 
the Property Acquisition -Map to reflect one ee4e £&¥ 
property acquisition; -(&> ESTABLISH PROCEDURES 
GOVERNING THE ISSUANCE AND DENIAL OF 
DEMOLITION PERMITS; (8) PROVIDE STAND- 
ARDS AND CONTROLS TO PROHIBIT VEHICULAR 
ACCESS TO THE CITY BOULEVARD FROM CER- 
TAIN DISPOSITION LOTS AND TO ESTABLISH A 
MAXIMUM FLOOR AREA RATIO FOR DISPOSITION 
LOT 3; (9) revise certain exhibits attached to the Re- 
newal Plan to indicate the changes provided herein ; and 
-(-&> (10) provide for the effective date hereof. 

Whereas, The Renewal Plan for the Fremont Project 
was approved by the Mayor and City Council of Baltimore 
by Ordinance No. 538, dated March 1, 1974 ; and 

Whereas, pursuant to Section 26, Article 13, of the Bal- 
timore City Code (1966 Edition), as amended by Ordi- 
nance No. L52, approved June 28, 1969 1968, no substantial 
change or changes shall be made in any renewal plan after 
approval by ordinance, without such change or changes 
first being adopted and approved in the same manner as 



ORDINANCES 333 

set forth in said Section 26 for the approval of a renewal 
plan, namely the preparation of such change or changes by 
the Department of Housing and Community Development, 
the approval of such change or changes by the Planning 
Commission, and approval and adoption by an ordinance 
of the Mayor and City Council of Baltimore after public 
hearing in relation thereto, all in the manner set forth in 
said Section 26 ; and 

Whereas, the Department e£ Housing and Community 
Development has prepared a list e£ changes to the Renew al 
Plan fer Fremont known as "Amendment Ne* i te the Re- 
nowal Plan for Fremont", dated February 44? 1976; and 

WHEREAS, EXTENSIVE CHANGES IN THE TEXT 
OF THE RENEWAL PLAN MAKE IT INFEASIBLE TO 
MAKE LINE BY LINE CHANGES ; THEREFORE, THE 
DEPARTMENT OF HOUSING AND COMMUNITY 
DEVELOPMENT HAS PREPARED AN AMENDED 
RENEWAL PLAN FOR FREMONT TO INCORPORATE 
THOSE CHANGES WHICH ARE GENERALLY DE- 
SCRIBED ABOVE AND ARE REFERRED TO AS 
AMENDMENT NO. 1 TO THE RENEWAL PLAN FOR 
FREMONT; AND 

Whereas, said Amendment No. 1 to the Renewal Plan 
for Fremont has been approved by the Planning Commis- 
sion of Baltimore City on February 19, 1976, with respect 
to its conformity as to the Master Plan ; the detailed location 
of any public improvements proposed in the amended re- 
newal plan ; its conformity to the rules and regulations for 
subdivisions; and all zoning changes proposed in the 
amended Renewal Plan ; and said Amendment No. 1 to the 
Renewal Plan has been approved and recommended to the 
Mayor and City Council of Baltimore by the Commissioner 
of the Department of Housing and Community Develop- 
ment on February 11, 1976 ; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the following amendmen t an4 ch a nges 
to the Renewal Plan £er Fremont having boon 4u4y re- 
viewed and considered, are her e by approv e^ and the Clerk 
of the City Council is hereby directed to £4e a copy of said 
Amendment (identified as Amendment Nor 4^ AMENDED 
RENEWAL PLAN FOR FREMONT, IDENTIFIED AS 



334 ORDINANCES Ord. No. 64 

'URBAN RENEWAL PLAN FREMONT URBAN RE- 
NEWAL PROJECT . . . REVISED TO INCLUDE 
AMENDMENT NO. 1, DATED FEBRUARY 11, 1976 AND 
REVISED MAY 13, 1976' IS HEREBY APPROVED, AND 
THE CLERK OF THE CITY COUNCIL IS HEREBY 
DIRECTED TO FILE A COPY OF SAID AMENDED RE- 
NEWAL PLAN with the Department of Legislative Ref- 
erence as a permanent public record and make the same 
available for public inspection and information. 

^ fe TABLE OF- CONTENTS, afte* A ppendix A-, page 

1 \ r\ A A i \^r\ -f ^llrf-viiri vi rr itattt VtAr>/liy>/Y o v^ A T\n Cf*f\ M n w* V-vrvi» ■ 

"APPENDIX g 44^ 

g, I« TABLE OF- CONTENTS, under Exhibitc, page 
«7 delete the dates ef Exhibits 2y 3y 4 an4 5y an4 insert 
"2/11/76" m Ue* thereof. 

g, fe Section O^ PROJECT PROPOSALS, page 40, 
paragraph C.2.b.(l), a44 a «ew paragrap h -(^)- after para 

"(c) Properties so te fee acquired wiU be listed i» 
Appendix £y 'Properties fe* Acquisition an4 Disposition 
fog Residential Rehabilitation'. " 

4t A44 the following Appendix to the text e£ the pia» 

tTCT I IV TT" ^7TT^TTtj X V7 CXTTTT XTT 

« APPENDIX B 

Properties for- Acquisition a«4 Disposition fe* Rosidon 
tia4 Rehabilitation : 

1 1 7 Wort T^n r r o Qt . r rr t 
1 1 Q Wort " Rn r ro SUaM ta t 

1A1Q W^f Pfiwo Qf roo t 
1 0^0 W ^rt p n rrf x Qt roo t 
1 A91 Wopt Pnrvn S^f rop f 
1 Q9 Q Wort "Rnrro Qf ypp f 
iqoq Wort " R 5i rro 9f r oot. 
I QQ/I Wort T ? n r r o fitr oo t 
i p ort Wort p n r r r Qfroot 
1 Q9fl ^Vorf "Rnrro Bfatt a i 
1 QQ7 ~\Vo F f Pnrro Sltroot 
1 qoo \yr^+ p nrrr> gf^a^ 



ORDINANCES 



335 



1 Q^ Q Wpcf 

TTTDTJ TTvUv 

1 QQQ Wop.t 

X \Jf-J \7 TTvUv 

inqi Wpof 
1 QQQ Wnr-.t 
1 022 W r>r. t 

1034 \y n of 

1 035 Wort 
l A^fi moat 
1 A07 Wppf 

1 Q2g ^yp"t 

1 QQQ Wp.f 

1040 Wprt 

X V X V T ^Cn 

X V X X TT^TTC 

I Q/fo Worf 

JLV li-J T 7 TJOTJ 

1 Q/1Q Wprf 
iv iy > f *-u v 

x u x j. ttcot 

1 04 5 Wr-r.t. 
1 01fl \\V 4 
1Q/17 Wpr-.t. 
1 q aq Wort 
1 04Q Wo^t 

IV J.u TV Cms 

1 050 Wort 

X Vf V TT^Uv 

10 5 1 Wort 
1 05°. Wrr.t 
1 053 WpH- 
1 054 Wn^t 
10 5 fi T^^opt 



T7CCTTU kj Li vv^u 
X-JIXX X K, KJ Ul l^\^ V 

~R «-> -i«T»rv Q-f--i»r>rff 
XJ IXX X ^ kj L X vAJt' 

inccrTv kj ui l^v^ u 

T3 <-> -i»-i*p Q 4--i^ /^pv4- 

TTrrrrc uli ^<—^ 

"F?Q VI'A Q ■f-T/-^/~>4- 
X-FLt X x v^ k-J 11 v^v* w 

T?o gjMi Sitxiruii: 

TWrrC (Jll ^ V-< B 

Barro Stroot 

X-JLIX X \J KJ l/X \^Vs V 
XJLIX X U UH UUU 

"P o v.in SLtutuii; 
xjcix x c r7TT\r^u 

Barr e Stroot 

B P "i*^^ Q 'j - T-'OO'f 
X^IXX x U Wvl TJ" L 

Barro Stroot 

I7UIT ^ k7"I \_. Ks V 
TTaTTTT kTCTvUv 

Pq wo S LfaaoiaJ: 
T? o meQ C£maa£ 

TtuTTC k^ vi \-/^ v 

Barro Stroot 

T ? O -l'V»/-v Q -f- 7-./-A /-\ -f 

Twnr kj lx 1^ >_/ u 
iriTrTTr kj li v^^v 



79Q A To" R o r>rv SUa» a i 
7Q1 M r" H "r nrv SUaoat 

t ^-^ -1- TtTUTTUTTTj kJ L kJ \^ V^ V 

73 \ Mfl Honni SUa«ot 
735 M f TT p- nrv S&faBoat 
7 3 fi M f TT r nrv stroot. 
737 M p TT r nrv 9trprt 
739. Mp H n nrr." stroot 
739 M g H fl Mai ^trrot 
7 ^0 ILiHfiaax qtr-oot 
711 l\ Tp T-Tpnrv 9trrrt 

TTT nXvXZCIIl ^j k_7 v x V' \^ c 

7/1Q ATp M o nrr- .^t voo t 
743 M p Hrnn' SUattfti 

• X^T ATxvxxviix J OwTUvT 

714 M p T-T p tttt^ 9troot 

• -»- ■«■ iTCTTurrry j^r ux i^i^ u 

745 M r Hpm^ 9tro p t 

7 4 fi M p TT p nrv gia»a«i: 



336 



ORDINANCES 



Ord. No. 64 



717 Mn TT o nrv SLiattflA 
145 \ Mn TTonrv fitrpot . 

75 Mn TT o nrv g±^ ft i 

TTTT7 1~X tl X " 1 1 I ^y V"UI VTT-JU 

7 51 Mn TT o nrv 9tr opt. 
7r;o i\/r^TJ^^^Tr gf r pp f 

w't FiJ TTrvTTtrrTijr KyvTCTTu 

7r: q TV.T^T-r^v.».ir Qf rr>pf 

?£4 
755 

756 

75g 
75 9 




Qfyp p f 

Qf r pr f 

Street 

gfr oo t 

fltr rot. 
TpTT p dw Sttto a t 
7fi? M n TT o nrv Siattofc 
7fv1 M n TT o nrv Rt.root 
7 fi fi M n TT o nrv Rtr pot 
7flQ M n TT o n r v 9 . t ro o t 
7 70 MnTT o nrv 9t roof-. 

353 McHom y Street 

77,4 M n TTo nrv 9 froof 
it*. irroTTCTrr^ k5Li ^ vj u 

77H Mn TT o'r i rv 9 itr oo i: 
E.7& Mn TT o n rv .9 fr on t 
7 .^0 IV TnTT o nrv 9. t roo t 



oq o Qt t o rhoin Slt.root. 
9 1 Qttorh o in Rtroot 
orj-S Q ttorh oin .9 f root. 
9.1 Qttorhoin 9f root. 
QQQ Qtt o rh o in 9 1 root. 
Q Q1 Qttorh o in git root 

7fi Q Wort Prntf 9froot 
r^ West featt Street 
^ West Pratt Street 

7 fifl Wo 4 Prntf Si^o^i 
77Q \y P f .f Pvnt t gtroot 

TTT7 TTXDT X I U I L rtTCTTrvrt? 

7/1Q P Vn n gfyppf 
TiTT TT^TTTTT rTrTTTTTu 

719 p vn n gf roo t 

903 .S nntt 9f r oo t 
;? (),'; So ntl 9 f root 
Q()'7 5Znnj t m i- oo t 
9 QQ g.pot,f, 9 1 r oo f 



ORDINANCES 337 

2X2 9 r n t f Qfroot. 
91 7 ^ r n tf fit rrr f 

SIX I" V-zl-'V-T UV ITvT^Uv 

oiQ gm tt 9tvrrt 
2523 9 rnt t 9\fr rr t 
222 Q p n ti 9tt.ropt. 

225 Q p n tf SUatooi 
22Q .9 r n t t Sttrrot 

BvX Dwvv Id UX CO U 

^7 Doloto Exhibits %-, £? 4? and 5 el the pkm and substi 

OvU UVT TTTXXDvvr X_J JIXTXKJX D0 En ^Ty X j CvXXvC ^T VI Ct Dvvl *J / X, J- / • V-F • 

See? *k 24^4 £0 & further ordained, That the Rreal Estate 
A cquisition Division el the Department el the Comptroller, 
e*? such person ea? persons an4 in such manner as the 
Board el Estimates, in the exorcise el the power vested m 
it by Artilo ¥7 Section S? el the Baltimore City Charter, 
may hereafter from time te time designate, is e? a^e 
authorized te acquire en behalf el the Mayor and City 
Council el Baltimore and le*? the purposes described m this 
ordinance the lee simple inter e st e^ any lessor interest in 
and te the properties e* portions thereof hereinabove men 
tionod. $1 the said Seal Estate Acquisition - Division el the 
Department el the Comptroller, e* saeh person G¥ p ersons, 
and in such manner as the Board el Estimates, in the 
exercise el the p ower vested in it by Article V7 Section 5? 
el the Baltimore City Charter, may hereafter from time te 
time designate ? is e* a^e unable te agree with the owner 
e* owners en the purchase price les said propertie s e* pe*- 
tions thereof, it e* they shall forthwith notify the City 
Solicitor el Baltimore City, w-he shall t hereupon institute 
in the name el the M ayor and City Council el Baltimore 
fee necessary legal proceedings te acquire by condomna 
tien the lee simple interest es any lessor interest in and 

j-r\ cnj f] •nvA-nm-'f inn s\y* 
T7T7 iJUIU L/lUU^l Ull^U 111 



SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
ALL APPLICATIONS FOR DEMOLITION PERMITS 
SHALL BE SUBMITTED TO THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT FOR 



338 ORDINANCES Ord. No. 64 

REVIEW AND APPROVAL. UPON FINDING THAT 
THE PROPOSED DEMOLITION IS CONSISTENT WITH 
THE OBJECTIVES OF THE URBAN RENEWAL PLAN, 
THE COMMISSIONER OF THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT SHALL 
AUTHORIZE THE ISSUANCE OF THE NECESSARY 
PERMIT. IF THE COMMISSIONER FINDS THAT THE 
PROPOSAL IS INCONSISTENT WITH THE URBAN 
RENEWAL PLAN AND THEREFORE DENIES THE 
ISSUANCE OF THE PERMIT, HE SHALL, WITHIN 90 
DAYS OF SUCH DENIAL, SEEK APPROVAL OF THE 
BOARD OF ESTIMATES TO ACQUIRE FOR AND ON 
BEHALF OF THE MAYOR AND CITY COUNCIL OF 
BALTIMORE THE PROPERTY, IN WHOLE OR IN 
PART, ON WHICH SAID DEMOLITION WAS TO HAVE 
OCCURRED, BY PURCHASE, LEASE, CONDEMNA- 
TION, GIFT OR OTHER LEGAL MEANS FOR THE 
RENOVATION, REHABILITATION, AND DISPOSI- 
TION THEREOF. IN THE EVENT THAT THE BOARD 
OF ESTIMATES DOES NOT AUTHORIZE THE ACQU- 
SITION, THE COMMISSIONER SHALL, WITHOUT 
DELAY, ISSUE THE DEMOLITION PERMIT. 

Sec. 3. And be it further ordained, That the approval 
of Amendment No. 1 to the Renewal Plan for Fremont by 
this ordinance shall not be construed as an enactment of 
such amendments to the Zoning Ordinance as are pro- 
posed in said Amendment No. 1. 

Sec. 4. And be it further ordained. That in whatever 
respect, if any, the amended Renewal Plan approved 
hereby for Fremont may not meet the requirements as to 
the content of a Renewal Plan or the procedures for the 
preparation, adoption, and approval of Renewal Plans, as 
provided in Ordinance No. 152, approved June 28, 1968, 
the said requirements are hereby waived and the amended 
Renewal Plan approved hereby is exempted therefrom. 

Sec. 5. And be it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 



ORDINANCES 339 

such provisions to other persons or circumstances shall 
not be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 
clause, sentence, paragraph, section or part or the applica- 
tion thereof so held invalid. 

Sec. 6. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same sub- 
ject matter as an existing provision of any zoning, build- 
ing, electrical, plumbing, health, fire or safety ordinance 
or code or regulation, the applicable provisions concerned 
shall be construed so as to give effect to each; provided, 
however, that if such provisions are found to be in irre- 
concilable conflict, the provision which establishes the 
higher standard for the promotion of the public health and 
safety shall prevail. In any case where a provision of this 
ordinance is found to be in conflict with an existing provi- 
sion of any other ordinance or code or regulation in force 
in the City of Baltimore which establishes a lower standard 
for the promotion and protection of the public health and 
safety, the provision of this ordinance shall prevail, and 
the other existing provision of such other ordinance or 
code or regulation is hereby repealed to the extent that 
it may be found in conflict with this ordinance. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 15, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 65 
(Council No. 206) 

An Ordinance to repeal Sections 33-41, 45, Section 46, as 
amended by Ordinance 236, approved July 23, 1968, Sec- 
tions 47-56, 60, 64-75, 139, 200 (as amended by Ordi- 
nance 245, approved July 23, 1968, and Ordinance 531, 



340 ORDINANCES Ord. No. 65 

approved June 27, 1969), 212- 245-254, 257, Section 258, 
as amended by Ordinance 1041, approved June 12, 1967, 
Sections 259, 260, and subsections (a), (b), (c), (d), 
(e), (f), and (i) of Section 261 of Article 11 of the 
Baltimore City Code (1966 Edition), title "Health"; to 
repeal and reordain, with amendments, Sections 16H(e) 
and 16L(e) as ordained by Ordinance 708, approved 
August 23, 1974, Sections 42, 44, 57, 58, 59, 62, 63, 79, 
117, 119, 120, 121, 122, 140, 202, 208, 241 and 267(d) 
(as enacted by Ordinance 1222, approved December 6, 
1971) of Article 11; to reordain, with amendments, Sec- 
tion 109 of Article 12 of the Baltimore City Code (1950 
Edition), title "Health," subtitle "Dwellings," as or- 
dained by Ordinance 902, approved December 22, 1966, 
as new Section 128 of Article 11 ; to ordain new Section 
200 of Article 11 to be under the new subtitle "Permits 
and Inspections" ; to add new Sections 33A-33L to Arti- 
cle 13 of the Baltimore City Code (1966 Edition), title 
"Housing", new subtitle "Gas Appliances"; for the pur- 
pose of deleting obsolete material, generally updating 
Article 11, and transferring to Article 13 the provisions 
relating to gas appliances and gas fitters. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 33-41, 45, Section 46, as 
amended by Ordinance 236, approved July 23, 1968, Sec- 
tions 47-56, 60, 64-75, 139, 200 (as amended by Ordinance 
245, approved July 23, 1968, and Ordinance 531, approved 
June 27, 1969), 212, 247-254, 257, Section 258 as amended 
by Ordinance 1041, approved June 12, 1967, Sections 259, 
260, and subsections (a), (b), (c), (d), (e), (f), and (i) 
of Section 261 of Article 11 of the Baltimore City Code 
(1966 Edition), be and they are hereby repealed. 

Sec. 2. And be it further ordained. That Section 16H(e) 
as ordained by Ordinance 708, approved August 23, 1974, 
Section 16L(e) as ordained by Ordinance 708, approved 
August 23, 1974, Sections 42, 44, 57, 58, 59, 62, 63, 79, 117, 
119, 120, 121, 122, 140, 202, 208, 241 and 267(d) (as 
enacted by Ordinance 1222, approved December 6, 1971) of 
Article 11 of the Baltimore City Code (1966 Edition), title 
"Health", be and they are hereby repealed and reordained 
with amendments to read as follows : 



ORDINANCES 341 

Sec. 16H(e) Any animal not reclaimed by its owner 
within five (5) days shall become the property of the Mayor 
and City Council of Baltimore, and shall be placed for 
adoption in a suitable home, or humanely destroyed, or 
surrendered to a School of Medicine, Dentistry, Pharmacy, 
Hygiene and Public Health, located in the City of Balti- 
more, or any hospital located in the City of Baltimore, 
licensed by the State of Maryland and approved by the Com- 
missioner of Health, whenever such school or hospital shall 
apply in writing to the Commissioner of Health for per- 
mission to use unclaimed impounded dogs, which would 
otherwise be killed under the provisions of this section, for 
good of mankind and for scientific investigation and teach- 
ing aimed to promote the increase of knowledge relating 
to the cause, prevention, control, treatment and cure of 
disease or afflictions of mankind and shall state under oath 
that there is need for such use and that the applicant will 
comply with the rules and regulations established by the 
Commissioner of Health as herein provided. The Commis- 
sioner of Health shall approve such request, and upon ap- 
proval the number of said dogs for which approval is given 
shall be surrendered by the person or persons charged with 
killing unclaimed impounded dogs to the institution for 
such use. Any institution which receives a dog under the 
provisions of this subsection shall pay to the [City Treas- 
urer] Director of Finance the sum established by the Com- 
missioner of Health pursuant to the provisions of this sub- 
title. 

Sec. 16L(e) Any animal subject to rabies which is held 
for observation or tests because of having possibly bitten, 
scratched or exposed a human being or other animal to 
rabies infection shall not be released to the owner or claim- 
ant until there is paid to the [City Treaurer] Director of 
Finance the established fee for each day or portion 
thereof the animal was held for observation. 

42. Same ; adulterants on premises. 

It shall be unlawful for any person, firm or corporation 
engaged in the business of [bottling] processing or vend- 
ing [milk or cream] food or any food product to have on 
his, their or its premises, or in any [wagon] vehicle used 



342 ORDINANCES Ord. No. 65 

in the delivery of [milk or cream] food or any food prod- 
uct, any acid, drug, chemical substance or compound to be 
used for coloring, adulterating, sophisticating or preserv- 
ing [milk or cream] food or any food product, [and no 
such person, firm or corporation shall have any such acid, 
drug, chemical substance, or compound which can be used 
for coloring, adulterating, sophisticating, or preserving 
milk or cream unless such person, firm or corporation shall 
have a written permit from the Commissioner of Health 
in Baltimore City, to keep the same for experimental or 
other purposes not connected with or related to the color- 
ing, adulterating, sophisticating or preserving of milk or 
cream as such]. Any violation of this section shall be pun- 
ished by a fine of not less than [five] twenty dollars nor 
more than one hundred dollars for each offense. 

44. Hindering confiscation of impure food. 

It shall not be lawful for any person or persons to secrete 
or remove, or assist in secreting or removing, any impure 
or unsound food products as above specified, after the 
same shall have been condemned as unsound by or by the 
authority of the Commissioner of Health, or in any way to 
impede or hinder the action of said Commissioner of 
Health, his servants or agents, in confiscating and destroy- 
ing the aforesaid impure food products so condemned as 
such; but nothing herein contained shall be taken as im- 
posing [when] upon the said Commissioner of Health, his 
servants or agents, the duty or expense of removing the 
aforesaid impure food products so condemned as such. 

57. Duties of Health Commissioner. 

It shall be the duty of the Commissioner of Health to 
carry out the provisions of this subtitle and any applicable 
regulations of the State Department of Health and Mental 
Hygiene, and to make or cause to be made inspections of 
milk, meats, vegetables, fruits and fish, wherever such 
articles are sold, kept, or offered for sale in the City of Bal- 
timore, and to obtain samples of milk and all other food 
products whose qualities are to be determined by chemical 
or microscopical examination. It shall also be the duty of 
the Commissioner of Health to make such rules and regu- 



ORDINANCES 343 

lations as may be required under this subtitle for the 
better protection of the health of the city. 

58. Chemist and inspectors. 

In order to provide for the additional duties imposed by 
this subtitle upon the Commissioner of Health, there shall 
be appointed, as other city officers are appointed, a compe- 
tent analytical chemist and three inspectors' of food, who 
shall be under the direction of the Commissioner of Health, 
and who must be bona fide residents and registered voters 
of Baltimore City; the chemist shall be a practical analyst 
and skilled in the chemical and microscopic examination of 
milk and other food products; he shall not be a member of 
or interested in any trust, corporation or company dealing 
in food products; he shall make such chemical and micro- 
scopical examinations as will be required under this sub- 
title, and will report the result of all such examinations to 
the Commissioner of Health; he shall be present at the 
hearing and trials of all cases wherein he has made an 
examination. [His salary shall be fifteen hundred dollars 
per annum.] The specific duties of each food inspector 
shall be determined by the Commissioner of Health [; the 
salary of each food inspector shall be one thousand dollars 
per annum. J 

59. Access to premises. 

The Commissioner of Health and all other officers of the 
Health Department, and any inspector or police officer 
authorized by the Commissioner of Health, shall have the 
right and power to enter and have full access to any build- 
ing, structure or premises where any [milk or cream, or 
either of them, is] food products are stored or kept for 
sale, and shall have the right of access to all wagons, rail- 
road cars or other vehicles of any kind used for the convey- 
ance or delivery of [milk and cream, or either of them,] 
food products, and to any building, structure or premises 
where [he believes or has] they believe or have reason to 
believe [milk and cream, or either of them is] food prod- 
ucts are stored or kept for sale, and shall have the right to 
take samples [of milk and cream] therefrom (such sam- 
ples not to exceed one [quart] pound) for the purpose of 
inspecting, testing or analyzing the same. Any person or 



344 ORDINANCES Ord. No. 65 

corporation refusing to allow such right of entry or access, 
or refusing to allow such samples [or milk and cream] to 
be taken, or hindering or obstructing any officer named 
herein in carrying out the power conferred by this section, 
shall be fined not less than [five] twenty dollars nor more 
than one hundred dollars for each offense. 

62. Penalty provisions. 

Any person or persons who violate, disobey, neglect or 
refuse to comply with any of the provisions of Sections 
57-61, shall be subject to a penalty of not less than twenty 
dollars ($20) nor more than one hundred dollars ($100) 
for each offense ; said fine to be collected as other fines and 
forfeitures are collected[.], and the food products in the 
possession of any person or persons so violating, disobey- 
ing, refusing or neglecting to comply with the provisions 
of this subtitle may be confiscated, destroyed or denatured 
by the Commissioner of Health or any inspector or other 
representative of the Health Department of the City of 
Baltimore ivho examines the same. 

63. Prosecutions. 

No prosecution of any person or corporation, on a charge 
of violating any law, ordinance or regulation relating to or 
governing the [sale of milk or cream] possession, process- 
ing, storage, delivery, or sale of food products in Baltimore 
City shall be had or maintained unless, at the initial stage 
thereof, such prosecution shall have been authorized and 
directed by the written order of the Commissioner of 
Health, signed by him or by an Assistant Commissioner of 
Health, such written order to be filed with the paper in the 
proceeding. 

79. Application. 

The provisions of this subtitle shall in no way be re- 
garded as applying to such persons or homes as may be 
recommended by the Department of [Welfare] Social 
Services of Baltimore City. 

117. Rules and regulations. 

In order to get rid of the discomfort and annoyance and 
danger to health from mosquitoes, the following regula- 
tions are hereby ordained: 



ORDINANCES 345 

It shall be the duty of the [Sanitary Engineer] Com- 
missioner of Health and his [AJassistants and employees, 
to perform the duties imposed upon him by Sections 117- 
124 of this article and it shall be the duty of all owners 
and agents having charge of property within the limits of 
the City of Baltimore, and all tenants and occupiers of any 
land and premises within the city limits to obey the said 
regulations as follows : 

It shall be unlawful to have, cause, maintain or permit 
within the municipality of Baltimore, any collection of 
standing or flowing water in which mosquitoes breed, or 
are likely to breed, unless such collection of water is 
treated so as to effectually prevent such breeding. 

119. Treatment. 

The methods of treatment of the collections of water 
specified in Sections 118 so as to prevent breeding of mos- 
quitoes shall be any one or more of the following : 

(1) Screening with wire netting of at least 16 meshes 
to the inch each way, or any other material which will 
prevent the ingress or egress of mosquitoes. 

(2) Complete emptying every 7 days, or at shorter 
periods, of unscreened containers. 

(3) Using a larvicide approved and applied under the 
direction of [Dr. Henry R. Carter, Assistant Surgeon Gen- 
eral of the United States, or any one deputized by him for 
that purpose] the Environmental Protection Agency of the 
United States. 

(4) Covering completely once every 7 days the surface 
of the water with kerosene, petroleum or paraffine oil in 
sufficient quantities to remain covered at least 12 hours 
each time. 

(5) Cleaning and keeping sufficiently free of vegetable 
growth and other obstructions, and stocking with mosquito 
destroying fish; absence of half grown or larger mosquito 
larvae to be evidence of compliance with this measure. 

(6) Filling or draining to the satisfaction of the 
[Sanitary Engineer] Commissioner of Health of Balti- 
more City, or any one deputized by him for that purpose. 



346 ORDINANCES Ord. No. 65 

(7) The removal of tin cans, tin boxes, broken or 

empty bottles and similar articles likely to hold water, at 

least once every 7 days. If not removed they must be so 
completely destroyed as not to be able to hold water. 

1 20. Prima facie violation. 

The natural presence of mosquito larvae in standing or 
running water shall be evidence that mosquitoes are breed- 
ing there, and failure by the owner or occupant of the 
premises to prevent such breeding within five days after 
notice from the [Sanitary Engineer] Commissioner of 
Health, shall be deemed a violation of Sections 117-124. 

121. Enforcement. 

Should the person responsible for conditions giving rise 
to the breeding of mosquitoes, fail or refuse to take neces- 
sary measures to prevent the same within ten days after 
due notice has been received, the [Sanitary Engineer] 
Commissioner of Health is hereby authorized to do so, and 
all necessary costs incurred by him shall be a charge 
against the property owner or other person offending, as 
the case may be. 

122. Same. 

The [Sanitary Engineer] Commissioner of Health and 
the Police Department shall enforce the provisions of Sec- 
tions 117-124 of this article, and for this purpose may at 
all reasonable times enter in and upon any premises 
within the limits of Baltimore City, and any person or per- 
sons charged with any of the duties imposed by Sections 
117-124 failing, within the time designated by said sections 
or within the time stated in any notice served in pursu- 
ance hereof, as the case may be, to perform such duties, 
shall be deemed guilty of a violation of said sections, and 
each day after the expiration of such time that said person 
fails to comply with said sections shall be deemed a sepa- 
rate violation of said sections. 

140. Right of entry. 

(a) Pi Whenever the Commissioner of Health or 

his authorized agent shall have reason to believe that a 



ORDINANCES 347 

nuisance [,] or a health hazard [, or a violation of the 
Housing Hygiene Provisions] exists in any dwelling unit, 
he shall have the same right and power to secure search 
warrants as is vested in the [Building Inspection Engi- 
neer] Commissioner of Housing and Community Develop- 
ment under the provisions of Section 163A of Chapter 16 
of Article 32 of the Baltimore City Code (1966 Edition). 

(b) When search warrant not necessary. No notice 
and/or no search warrant shall be necessary if (1) entry 
is by permission or at the request of the occupant of said 
dwelling unit, or of the person in apparent charge thereof; 
or (2) where an imminent danger to health or safety 
exists; or (3) following an accident where an immediate 
inspection is required to determine if an imminent danger 
to health or safety exists. 

(c) Reinspections under search warrant. Whenever the 
Commissioner of Health shall secure a search warrant to 
enter a dwelling unit pursuant to this Section 140, he is 
authorized to reinspect said dwelling unit at any reason- 
able time during the daylight hours after the period speci- 
fied in a duly issued notice for the correction of a violation 
to determine if there has been compliance with the said 
notice. The owner of the said dwelling unit may request an 
extension or extensions of time to fully comply with such 
Violation Notice, provided that the said request be in writ- 
ing and contain an authorization signed by the occupant 
thereof authorizing the Commissioner of Health to rein- 
spect the said dwelling unit during any extension period 
granted for the correction of said violation. 

(d) Inspector's testimony. No inspector who gains 
entrance to a dwelling unit for the purpose of investigating 
a nuisance or health hazard [or a violation of the Housing 
Hygiene Provisions] may obtain or furnish evidence of, or 
testify to, any offense other than violations of the Building 
Code, Housing [Hygiene Provisions] Code, Fire Code, an 
Urban Renewal Plan or the violation of any statute, ordi- 
nance or regulation for the protection of the health or 
safety of the residents of Baltimore City, except with re- 
spect to a felony or a misdemeanor involving an act of 
violence which has been committed in his presence. No in- 
spector who gains entrance to a dwelling unit for the 
purpose of making a spot check in a designated area may 



348 ORDINANCES Ord. No. 65 

issue a Violation Notice for any violations observed in the 
course of said inspection, except where an imminent dan- 
ger to health or safety exists. 

(e) Powers of Commissioner of Health. Nothing con- 
tained in this Section 110 shall be taken or construed, 
directly or indirectly, to modify or affect in any manner or 
to any extent the power and authority of the Commissioner 
of Health to enter and inspect any building, structure, or 
premises, or any and all parts thereof, other than dwelling 
units. 

(f ) Definitions. The terms "dwelling unit," ["Housing 
Hygiene Provisions,"] "Urban Renewal Plan," and "spot 
check", as used herein, shall have the same meanings as 
set forth in Paragraph (h) of the said Section 163A. 

202. Same ; applications, fee. 

Every person desirous of being licensed to empty or re- 
move the contents of privy wells and sinks, shall make 
application in writing to the [City Treasurer] Director of 
Finance, who, after conference with the Commissioner of 
Health, on being satisfied with the character of the appli- 
cant, and the security and tightness of his cart or carts, 
and that he is the owner of such horses and cart or carts, 
as represented in his application, and that he is not in 
collusion or combination with others to defraud the corpo- 
ration, may grant him a license for one year, and renew 
the same from time to time; and for such license so 
granted and for such renewal of the same he shall pay 
therefor to the [Treasurer] Director of Finance the sum of 
two and a half dollars for each and every cart; and every 
person so licensed shall give bond to the city, with the secu- 
rity to be approved by the [Treasurer] Director of Finance, 
in the penal sum of five hundred dollars, conditioned for the 
faithful performance of all the duties enjoined by this sub- 
title, and the [Treasurer] Director of Finance, upon 
complaint of the Health Commissioner, may revoke or sus- 
pend any such license. 

208. Grant of permits. 

The Commissioner of Health is empowered to grant such 
permits [,] as he may consider advisable for the purpose 



ORDINANCES 349 

of draining such wells or cesspools as cannot be kept from 
overflowing or filling up with water [. All] ; all work to 
be done under the supervision of said Commissioner, ex- 
cept so much as relates to the tapping of sewers, which 
work shall be done by the [Bureau of Sewers J Department 
of Public Works, and also upon the payment of the usual 
fees for the privileges of opening the streets; and all re- 
pairs to the streets and sewers to be done by the owners of 
the property subject to the approval of the [Bureau of 
Sewers] Department of Public Works. 

241. Diseases for which required. 

Any person having diphtheria, gonorrhea, meningococ- 
cus meningities, ophthalmia neonatorum, poliomyelitis, 
smallpox, syphilis, tuberculosis, or typhoid fever, or any 
other communicable disease dangerous to the public health 
and in a communicable or potentially communicable stage 
of the disease shall be quarantined and isolated in accord- 
ance with the rules and regulations prescribed by the Com- 
missioner of Health; and when any such person refuses or 
neglects to be properly quarantined or isolated in accord- 
ance with said rules and regulations, or by reason of his or 
her non-cooperation or carelessness endangers the public 
health, such person shall be guilty of a misdemeanor and 
upon conviction thereof shall in the discretion of the 
[Police Magistrate] court be quarantined or isolated in a 
hospital or other place designated by the Commissioner of 
Health for that purpose, or shall be subject to a fine as 
prescribed in Section 244 hereof, or both. 

All papers pertaining to any proceeding for such quar- 
antine or isolation shall, if placed on file as a Court record, 
be sealed and withheld from inspection; and no person 
shall be allowed access thereto except upon an order of a 
Judge of the Supreme Bench of Baltimore City. No order 
for access and inspection shall be granted except on due 
notice to the person named therein as the suspected person 
and on good cause shown. 

267. Bond, letter of credit, or other security. 

d. Should the licensee fail to operate its landfill in ac- 
cordance with the provisions of this code, or perform such 
operation so as to create any condition which may be in- 



350 ORDINANCES Ord. No. 65 

jurious to the general public, or fail or refuse to correct 
any such condition as may be required by the Commis- 
sioner within the time required by the Commissioner, the 
Commissioner shall, except in the case of emergency, in 
the cases where a bond has been given, notify the surety of 
such failure or refusal, or in cases [of] where a letter of 
credit or acceptable security has been given, notify the li- 
censee of such failure or refusal, and shall give the surety 
and/or the licensee such time as, in the discretion of the 
Commissioner, may be necessary to rectify such conditions. 
In the event of an emergency, in which the conditions con- 
stitute an immediate danger to the health, safety or wel- 
fare of the general public, or in the event the surety, or the 
licensee, after notice, shall fail or refuse to correct any 
condition which may be injurious to the general public, the 
Commissioner shall have authority to correct any such 
conditions, to comply with the provisions of this code at 
the expense of the licensee. All costs and expenses incurred 
thereby shall be chargeable and collectible from the surety 
on the bond, letter of credit or other acceptable security, 
furnished by the licensee. Any remedies or penalties herein 
mentioned are specifically intended to be, and are, in addi- 
tion to any other remedies or penalties provided by the 
laws of Maryland and the ordinances of the City of Bal- 
timore. 

Sec. 3. And be it further ordained, That Section 109 of 
Article 12 of the Baltimore City Code (1950 Edition), title 
"Health", subtitle "Dwellings", as ordained by Ordinance 
902, approved December 22, 1966, be and it is hereby reor- 
dained with amendments as new Section 128 of Article 11 
of the Baltimore City Code (1966 Edition), title "Health", 
subtitle "Nuisances and the Prevention of Disease", to read 
as follows : 

[109] 128. 

The Commissioner of Health shall have the power to 
enforce all provisions of The Housing Code of Baltimore 
City as set forth in Article [14] IS of the Baltimore City 
Code ([1950] 1966 Edition), including the power to issue 
violation notices and orders thereunder, in order to deal 
with, abate, remove or otherwise correct nuisances, com- 
plaints and emergency conditions affecting the public 



ORDINANCES 351 

health and in order to maintain and augment public health 
programs, such as, but not limited to, rodent control, lead 
paint poisoning prevention, environmental sanitation and 
housing hygiene. All rules and regulations necessary to 
implement this section and to coordinate the activities of 
the Commissioner of Health, [the Building Inspection 
Engineer], the Chief of the Fire Department and the [Di- 
rector of the Baltimore Urban Renewal and Housing 
Agency] Commissioner of Housing and Community De- 
velopment shall be adopted under and pursuant to the 
provisions of Sections 401 and 402 of The Housing Code 
of Baltimore City. 

Sec. 4. And be it further ordained, That new Section 200 
of Article 11 of the Baltimore City Code (1966 Edition), 
title "Health," new subtitle "Permits and Inspections", be 
and it is hereby ordained to read as follows : 

200. Permits and Inspections. 

(a) Definitions. 

The terms hereinafter set forth, ivherever used in this 
subtitle, are defined as folloivs: 

1. "Food operation" means any activity in Baltimore 
City ivhereby food or food products are prepared for sale 
or service on the premises or elsewhere, including but not 
limited to manufacturing, processing, warehousing, pack- 
aging, handling, automatic vending or distributing, with 
or without charge, food or food products for consumption 
by the general public; but not including private residences 
where food or food products are prepared \_and consumed 
for the use of\ for consumption by the residents and their 
invitees. 

2. "Person" means an individual, firm, partnership, 
company, corporation, trustee, association, institution, co- 
operative enterprise, or any public or private entity, or the 
agent thereof,. 

3. "Wholesale" means the sale of food or food products 
in the City of Baltimore to the wholesale and/ or retail trade, 
including sales by brokers, commission merchants, jobbers, 
packers' agents and itinerant vendors, and also includes 



352 ORDINANCES Ord. No. 65 

sale of food to hotels, restaurants, institutions, commis- 
saries, manufacturers, the supplying of branch or chain 
establishments from a central depot or store, and the hold- 
ing or storage of food or food products by bailees. 

U. "Selling at retail" means the keeping or maintaining 
by any person of any building, room, stand, enclosure, 
place or establishment, ivith the exception of food vending 
machines which are hereinafter provided for, for the pur- 
pose of storing, selling or offering for sale at retail any 
article of food. 

~>. "Permit" means a document issued by the Commis- 
sioner of Health of Baltimore City authorizing a food oper- 
ation within the City. 

6. "Food" or "food products" includes all articles used 
as food, drink, confectionery, or condiment for human con- 
sumption, whether simple or compound, ivith the exception 
of medicines, drugs> and alcohol. 

7. "Vending machine" means any automatic self-service 
device offered for public use which, upon insertion of a coin, 
token or other similar means, dispenses unit servings of 
food or beverage without the necessity of replenishing said 
device between each such vending operation. 

(b) Permit to operate. 

It shall be unlaivful for any person to engage in a food 
operation without a valid permit from the Baltimore City 
Health Department. The permit shall be effective for a 
period of twelve months unless revoked or suspended, and 
shall be non-transferrable from place to place or from 
person to person. 

(c) Application for and issuance of permits. 

Any person desiring to engage in a food operation or 
desiring to materially alter an existing food operation 
(e.g. installation of new or additional equipment, struc- 
tural changes, and /or change of the type of operation) 
shall make application for a permit to the Commissioner 
of Health. The. application for a permit shall include build- 
ing and or installation plans and specifications for review 
and approval. Upon receipt of an application, the Com- 



ORDINANCES 353 

missioner shall inspect the food operation or the proposed 
changes to determine compliance ivith provisions of all 
applicable regulations and laics. When inspection reveals 
that the applicable requirements of this section have been 
met, a food operation permit shall be issued upon payment 
of the proper inspection fee as hereinafter described. 

(d) Inspection fees. 

(1) Floor area. For the purpose of this section, the 
floor area to be considered in determining the fee shall be 
the gross floor area including all floors and basements of 
the food operation, except for establishments such as in- 
dustrial plants, commercial buildings, drug stores, railroad 
stations, bus terminals, department stores, variety stores 
and such other similar establishments, tvhere the food oper- 
ation represents only a small part of the entire operation. 
The fee in such operations shall be based on the gross floor 
area or areas involved in the food operation, including but 
not necessarily limited to aisle space and storage areas. 

(2) Retail food operations; annual fees: An annual 
inspection fee is levied and imposed upon every person en- 
gaged in the selling at retail of food; provided, however, 
that non-profit organizations operating temporary food 
and drink concessions tvhich are operated solely by mem- 
bers of the organization shall be exempt from the pre- 
scribed fee; and the fee charged for each separate location 
shall be in accordance with the following schedule: 

Floor area not more than 1500 square feet 

or its metric equivalent $10.00 

Floor area more than 1500 and not more than 

2000 square feet or its metric equivalent $12.00 

Floor area more than 2000 and not more than 

hOOO square feet or its metric equivalent $16.00 

Floor area more than UOOO and not more than 

6000 square feet or its metric equivalent $20.00 

Floor area more than 6000 and not more than 

10,000 square feet or its metric equivalent $25.00 

Floor area more than 10,000 and not more than 

15,000 square feet or its metric equivalent ■ $35.00 



354 ORDINANCES Ord. No. 65 

Floor area more than 15,000 and not more than 

25,000 square feet or its metric equivalent $50.00 

Floor area more than 25,000 square feet 

or its metric equivalent $75.00 

(3) Vending machines. An annual inspection fee is 
levied and imposed upon every person engaged in supply- 
ing food products in any form to any vending machine. 
The fee to be charged is two dollars for each separate 
vending machine. 

(If) Wholesale food operations. An annual inspection 
fee is levied and imposed upon every person engaged in a 
wholesale food operation; and the fee charged for each 
separate location is in accordance with the following 
schedule: 

Floor area not more than 25000 2500 square feet 

or its metric equivalent $35.00 

Floor area containing more than 2500 and not more 

than 5000 square feet or its metric equivalent $50.00 

Floor area containing more than 5000 and not more 

than 10,000 square feet or its metric equivalent $60.00 

Floor area containing more than 10,000 and not more 

than 20,000 square feet or its metric equivalent $70.00 

Floor area containing more than 20,000 and not more 

than 30,000 square feet or its metric equivalent $80.00 

Floor area containing more than 30,000 square feet 

or its metric equivalent $90.00 

(5) All inspections fees paid shall be promptly ac- 
counted for by the Commissioner of Health and immedi- 
ately paid over by him to the Director of Finance for use 
of the Mayor and City Council of Baltimore. 

(e) Health and safety requirements. 

Each food operation shall conform to the applicable 
health la/i's, rules and regulations, and guidelines of the 
State of Maryland, the federal government, and the City of 
Baltimore. 



ORDINANCES 355 

(f) Suspension of permits. 

Whenever the Commissioner finds unsanitary or other 
conditions in any food operation ivhich in his judgment 
constitute a hazard to the public health, he may issue a 
written notice to the permit holder citing such condition, 
specifying the corrective action to be taken and the time 
within ivhich the action must be taken. 

Whenever a permit holder fails to comply with the notice 
within the time prescribed, he shall be notified in writing 
that his permit is suspended and all food operations must 
immediately be discontinued. The suspension notice shall 
inform him that opportunity for a hearing will be provided 
if, tvithin ten days of the date of issue of the suspension 
notice, he files with the Commissioner a tvritten request 
for a hearing. 

If deemed necessary in the interest of public health, the 
first notice shall state that the permit is suspended, all food 
operations are to be immediately discontinued, and oppor- 
tunity for a hearing will be provided if a written request 
for a hearing is filed with the Commissioner by the permit 
holder within ten days of suspension. 

(g) Reinstatement of suspended permits. 

Any person ivhose permit has been suspended may make 
application for a reinspection for the purpose of reinstate- 
ment of the permit. Within ten days following receipt of a 
written request, including a statement signed by the appli- 
cant that in his opinion the conditions causing suspension 
of the permit have been corrected, the Commissioner shall 
make a reinspection. If the applicant is found to be in com- 
pliance ivith the requirements of this section, the permit 
shall be reinstated. 

(h) Revocation of permits. 

For more than one violation of any of the requirements 
of this section, or for interference with the Commissioner's 
performance of his duties, a permit may be revoked after 
an opportunity for a hearing has been provided. Prior to 
such action, the Commissioner shall notify the permit 
holder in writing, stating the reasons for which the permit 



356 ORDINANCES Ord. No. 65 

is subject to invocation and advising that the permit will 
be revoked at the end of five days following service of such 
notice, unless a request for a hearing is filed ivith the Com- 
missioner by the permit holder within the five day period. 

(i) Hearings. 

Within ten days after receipt of a request for a hearing 
authorized by this section, the hearing shall be conducted 
by the Commissioner of Health or a hearing officer desig- 
nated by him. Within five days after the hearing, the Com- 
missioner of Health or his designee shall make a finding 
based upon the record of the hearing. A written report of 
the finding shall be furnished to the permit holder by the 
Commissioner. 

(j) Inspections by the Department. 

The Commissioner of Health is empowered to conduct 
such inspections as he deems necessary to insure compli- 
ance with all provisions of this section, and he shall have 
the right of entry at reasonable hours to food operations 
being carried on, for the purpose of inspecting and enforc- 
ing the provisions of this section. 

(k) Penalties. 

Any person engaged in a food operation without an effec- 
tive permit shall be deemed guilty of a misdemeanor and, 
upon conviction thereof, shall be punished by a fine of not 
less than twenty-five dollars ($25) nor more than five 
hundred dollars ($500), or by imprisonment in the City 
Jail for not more than 12 months, or by both fine and im- 
prisonment in the discretion of the Court. Each day a vio- 
lation continues shall constitute a separate offense. 

Sec. 5. And be it further ordained, That new Sections 
33A, 33B, 33C, 33D, 33E, 33F, 33G, 33H, 331, 33J, 33K, 
and 33L be and they are hereby added to Article 13 of the 
Baltimore City Code (1966 Edition), title "Housing", new 
subtitle "Gas Appliances", to read as follows : 

Gas Appliances 
38 A. Registration. 

(a) Required. No tubing, appliance, appurtenance or 
device for use with, by, or for the combustion of gas or 



ORDINANCES 357 

distributed and/or sold in the City of Baltimore shall be 
sold, offered for sale, connected or installed in the City of 
Baltimore, unless the type, sample or model thereof shall 
be registered with the Commissioner of Housing and Com- 
munity Development of Baltimore City, the registration 
thereof to be in the following manner: 

(b) Application. Application shall be made to the 
Commissioner of Housing and Community Development of 
Baltimore City and the applicant shall furnish such infor- 
mation and certificates and cause such tests to be conducted 
as may be required by the Commissioner to secure proper 
registration and identification of any such tubing, appli- 
ance f appurtenance, device, sample or model thereof; and 
before such application shall be approved by the Commis- 
sioner he shall determine ivhether such tubing, appli- 
ance, appurtenance, device, sample, or model thereof de- 
scribed therein conforms to the rules and regulations and 
specifications hereinafter provided for in Section 331 
hereof. In connection tvith such application, the applicant 
shall file evidence satisfactory to the Commissioner that 
such gas appliance, sample or model thereof has been 
examined and tested and found to comply tvith the rules, 
regulations, specifications, and requirements as provided 
for in Section 331. The Commissioner shall not register the 
tubing, appliance, appurtenance, device, sample or model 
thereof described in said application, unless it shall appear 
that it conforms to said rules, regulations and specifica- 
tions, and meets such tests as the Commissioner may 
prescribe. 

(c) Non-compliance. If the Commissioner determines 
that the tubing, appliance, appurtenance or device de- 
scribed in any such application for registration does not 
conform to said rules, regulations and specifications, or if 
he is not satisfied tvith the application, he shall notify the 
applicant forthwith, stating his reasons therefor. 

(d) Identification. All tubing, appliances, appurte- 
nances or devices shall bear an identification number or 
designation which may be the manufacturer's regular 
trade name and model number f and when applied for by 
such manufacturer, it shall be stated in the application for 



358 ORDINANCES Ord. No. 65 

registration, pro ruled that nothing contained in this ordi- 
nance shall be construed to apply to tubing, appliances, 
dppurtoiances or devices used for strictly experimental 
purposes or for strictly industrial use as may be defined in 
the rules, regulations and specifications, as provided for in 
Section SSI hereof. 

83 B. Examination of equipment. 

The Commissioner of Housing and Community Develop- 
ment may at any time cause an examination to be made of 
any tubing, appliance, appurtenance or device, and if it 
shall be found, upon such examination, that such tubing, 
appliance, appurtenance or device does not comply ivith 
the rules, regulations and specifications, as provided for in 
Section 331 hereof, or is otherwise unsafe, the Commis- 
sioner shall notify the registrant tvherein said tubing, 
appliance, appurtenance or device does not conform to said 
rules, regulations and specifications, or tvherein it is other- 
wise unsafe, and the said registrant shall be accorded rea- 
sonable opportunity to conform the tubing, appliance, 
appurtenance or device to said rules, regulations and speci- 
fications, or to correct within a reasonable time the hazard- 
ous feature or features thereof. If the registrant shall not 
within a reasonable time conform the tubing, appliance, 
appurtenance or device to said rules, regulations and spe- 
cifications, or correct the hazardous feature or features of 
the tubing, appliance, appurtenance or device, the Com- 
missioner shall cancel the registration of said tubing, ap- 
pliance, appurtenance or device and notify the registrant 
< \g that after the expiration of ten (10) days, no 
such tubing, appliance, appurtenance or device shall be 
installed, sold or offered for sale in the City of Baltimore; 
provided that any action of cancellation taken by the Corn- 
s' ]/ all not be construed to prohibit the former 
registrant from reapplying for registration, in which event 
all the provisions relating to original applications shall 
apply. 

33C. Cancellation of registration. 

The Ci Housing and Community J)< \e\r 

opment is authorized to cancel the registration of any 
1 of tubing, appliance, appurtenance or device if any 



ORDINANCES 359 

of the rules, regulations and specifications, as provided for 
in Section 331 hereof, are violated in the design or per- 
formance of any such model or sample; provided that no 
cancellation shall be made without the registrant being 
first accorded an opportunity of a hearing and to show 
cause why the registration should not be cancelled, and 
upon the decision, after hearing by the Commissioner that 
such rules, regulations and specifications are being violated 
and the application should be cancelled, cancellation shall 
be effective net (10) days after the decision of the Com- 
missioner. 

3 3D. Gas tubing instruments. 

Appurtenances and devices herein referred to shall be 
construed to include instruments for use in connection with 
gas tubing or appliances which affect the normal and reg- 
ular use of such tubing or appliances without said device, 
such as economy devices, accessories, solid tops, and other 
such equipment which is intended to be used in conjunc- 
tion with self-contained appliances and which cannot be 
considered as a gas consuming appliance. 

33E,. Information. 

Any person, firm or corporation may, without charge, 
secure from the Commissioner of Housing and Community 
Development, information regarding the registration with 
the said Commissioner of any tubing, appliance, appurte- 
nance or device. 

33F. Required. 

(a) Registration. All workmen noiv engaged, or who 
shall hereafter engage in gas fitting, unless they be already 
registered, as Gas Fitters of Baltimore City, shall be subject 
to examination and registration by a Board to be herein- 
after created. 

(b) Board. There is hereby established a Board to be 
known as "The Gas Appliance Board", said Board to consist 
of five (5) members, one of ivhom shall be the Commis- 
sioner of Housing and Community Development ex officio, 
one of ivhom shall be the Director of Construction and 
Building Inspection ex officio, one of tvhom shall be the 



360 ORDINANCES Ord. No. 65 

Commissioner of Health ex officio, and two of whom shall 
be appointed by the Mayor. One of the latter tivo must be a 
representati < Baltimore Gas and Electric Company 

of Baltimore, and the other must be a Master Plumber who 
must also be a Registered Gas Fitter of Baltimore City. 

The members of the Board shall receive no compensation 
for their services hereunder. 

The terms of the ex officio members of the Board shall 

spond to their respective official tenure, and the terms 

of each of the two appointed members shall be two years. 

The Mayor shall designate one of the members of the Board 

as Chairman. 

The Board of Estimates has heretofore by Resolution 
recommended the creation of "The Gas Appliance Board",. 

(c) Examinations. The registration and examination 
by the Board shall be in the following manner: 

Applications shall be made on forms to be furnished by 
the Commissioner of Housing and Community Develop- 
ment of Baltimore City, said application to be accompanied 
by the sum of three dollars ($3.00), and thereafter the 
Board, or such persons as may be designated by it. shall 
subject each applicant to an examination testing his knowl- 
edge of the trade and work of gas fitting, and such exami- 
nation may be either oral or in writing, and may be accom- 
panied by such practical demonstration as may be required; 
provided that nothing in this section shall be con- 
strued to subject any person to examination or registration 
when engaged purely in making industrial installations or 
adjustments, and any person, firm or corporation engaged 
in gas fitting, ivho shall employ or engage any person not 
registered and examined in accordance with this section 
to perform such work shall be subject to prosecution here- 
under. 

In the case of specific types of gas appliances where the 
Board (hems that public safety warrants it, the Board shall 
require that persons, including those already registered as 
Gas Fitters of Baltimore City, who outage in the installation 
of such appliances, shall qualify to the Board by additional 
examination as ho ring the necessary skill and facilities to 
perfoi m such work. There shall be no charge for such addi- 
tional examination. 



ORDINANCES 361 

33G. Suspension of registration. 

Whenever the ivork of a registered gas fitter is believed 
to be unsatisfactory after inspection, or if a gas fitter shall 
violate any of the rules and regulations promulgated by the 
Board, his registration may be suspended or revoked by 
the Commissioner of Housing and Community Development 
upon written notice by said Commissioner to such gas 
fitter that a hearing tvill be accorded him on a certain day 
to shotv cause why such suspension or revocation should 
not be made, and after the hearing, the Commissioner may 
suspend temporarily or revoke permanently the registra- 
tion of any such gas fitter; provided, that tvhenever the 
license shall have been revoked permanently, the person 
shall not be prohibited from reapplying , but such new ap- 
plication shall not be made in a less period than that des- 
ignated by the Commissioner from the date of permanent 
revocation, and all of the provisions for original applica- 
tions shall be applicable. 

33H t . Exemptions. 

All gas light, gas lighting lamps and fixtures and appur- 
tenances thereof, shall be exempt from anything contained 
in this subtitle. 

331. Rules and Regulations. 

In order to safeguard and protect the health and safety 
of the people of Baltimore City, the Board is hereby author^ 
ized and empowered to make, adopt and promulgate rules, 
regulations and specifications governing the design, con- 
struction, and performance of all tubing, appliances, ap- 
purtenances or devices and/or samples or models thereof 
for use tvith, by, or for the combustion of gas as distrib- 
uted and/ or sold in the City of Baltimore, provided that all 
rules, regulations and specifications so made, adopted and 
promulgated shall be pursuant to but not in conflict with 
the provisions of this subtitle. The Board in making and 
adopting said rules, regulations and specifications may con- 
sider the rules, regulations and specifications established 
by the American Standards Association, or any other rules, 
regulations and specifications relating to said subject, and 
the Commissioner of Housing and Community Develop- 
ment may accept the approval of any laboratory or testing 



362 ORDINANCES Ord. No. 65 

agenc 1 1 approved by him in determining whether any tub- 
ing, appliances, appurtenances or devices and/ or samples 
or models thereof required by him to be tested under the 
provisions of this subtitle, or under any rules, regulations 
or specifications promulgated by the Board under this 
authority, do in fact meet the tests so prescribed. 

88 J. Laboratory testing. 

Whenever the Commissioner of Housing and Commu- 
nity Development shall determine that before passing upon 
any application for registration, it is necessary and /or 
desirable to test in a laboratory or testing agency any 
tubing, appliance, appurtenance or device offered for regis- 
tration, in order to determine tuhether or not the same 
complies with the rules, regulations or specifications pre- 
scribed by the Board under the authority of this subtitle, 
the Commissioner is hereby authorized to direct said tests 
to be made by the laboratories of either the United States 
Bureau of Standards, the Johns Hopkins University, the 
American Gas Association, or any other laboratory or test- 
ing agency approved by the Commissioner; and the Com- 
missioner is hereby further authorized and directed to 
require the costs of such tests to be paid in advance by the 
applicant for registration. 

33K. Duties of Commissioner of Health. 

Inasmuch as the purpose of this subtitle is to safeguard 
the people of Baltimore City, the Commissioner of Health 
of Baltimore City is directed to report any condition which 
he believes to be hazardous due to the use of any appliance, 
tulnng, appurtenance or device with, by, or for the com- 
bustion of gas as distributed and /or sold in the City of 
Baltimore to the Commissioner of Housing and Commu- 
nity Development; aval the Commissioner of Housing and 
Community Development is hereby directed to obtain the 
advice of the Commissioner of Health in any matter in which 
fie deems that such ad rice may promote the safety and. 
Ith of the people of Baltimore. 

33L. Enforcement and penalties. 

Any p< son, firm or corporation violating any of the 

provisions of this subtitle shall be subject to prosecution, 



ORDINANCES 363 

and upon conviction shall be subject to a fine of not less 
than five dollars ($5.00) nor more than one hundred dollars 
($100.00) for each offense. 

Sec. 6. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 15, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 66 
(Council No. 207) 

An Ordinance to repeal Article 14, as amended, of the Bal- 
timore City Code (1966 Edition), title "Inspections, 
Weights and Measures," and to ordain a new Article 14 
in lieu thereof, entitled "Weights and Measures," for 
the purpose of consolidating and up-dating the laws re- 
lating to weights and measures. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Article 14, as amended, of the Baltimore 
City Code (1966 Edition), title "Inspections, Weights and 
Measures", be and it is hereby repealed, and that a new 
Article 14, title "Weights and Measures," be and it is hereby 
ordained in lieu thereof to read as follows : 

ARTICLE NO. U 

Weights and Measures 

1. Standards. 

The standards for iv eights and measures in the City of 
Baltimore, except as may be otherwise provided by law, 
shall be the same as the standards for weights and meas- 
ures of the United States of America. 

2. Set of weights and measures. 

A complete set of standards of weights and measures, 
certified in accordance ivith the Agriculture Article, Anno- 
tated Code of Maryland, shall be procured by the Mayor and 



ORDINANCES Ord. No. 65 

by him in determining whether any tub- 
inn, appliances, appurtenances or devices and/or samples 
odels ti by him to be tested under the 

isions of this subtitle, or under any rides, regulations 
'<>ris promulgated by the Board under this 
authority, < i meet the tests so prescribed. 

.111 . Laboratory testing* 

Wi i Commissioner of Housing and Commu- 

nity I ment shall d< U i mine that before passing upon 

dication for registration, it is necessary and/or 
able to test in a laboratory or testing agency any 
tubing, appliance, appurtenance or device offered for regis- 
tratio to determine whether or not the same 

complies with the miles, regulations or specifications pre- 
scribed by the Board under the authority of this subtitle, 
the Commissioner is hereby authorized to direct said tests 
to be made by the laboratories of either the United States 
Bureau of Standards, the Johns Hopkins University, the 
American Gas Association, or any other laboratory or test- 
ing agency approved by the Commissioner; and the Com- 
missi > hereby further authorized and directed to 
require the costs of such tests to be paid in advance by the 
applicant for registration. 

■l.i K. Duties of Commissioner of Health. 

Inasmuch as the purpose of this subtitle is to safeguard 
the people of Baltimore City, the Commissioner of Health 
of Baltimore City is directed to report any condition which 
he believes to be hazardous due to the use of any appliance, 
tubing, appurtenance or d, vice with, by, or for the com- 
of gas as distributed and/ or sold in the City of 
Baft' < o the Co oner of Housing and Commu- 

nity I>> the Commissioner of Housing and 

Community i t is hereby directed to obtain the 

< ner of Health in any matter in which 

lie deems that such ad ay promote the safety and 

\th of the people of Baltimore. 

./.;/.. E I and penaltu 

%rm or n violating any of the 

btitU shall be subject to prosecution, 



ORDINANCES 363 

and upon conviction shall be subject to a fine of not less 
than five dollars ($5.00) nor more than one hundred dollars 
($100.00) for each offense. 

Sec. 6. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 15, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. m 
(Council No. 207) 

An Ordinance to repeal Article 14, as amended, of the Bal- 
timore City Code (1966 Edition), title "Inspections, 
Weights and Measures," and to ordain a new Article 14 
in lieu thereof, entitled "Weights and Measures," for 
the purpose of consolidating and up-dating the laws re- 
lating to weights and measures. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Article 14, as amended, of the Baltimore 
City Code (1966 Edition), title "Inspections, Weights and 
Measures", be and it is hereby repealed, and that a new 
Article 14, title "Weights and Measures," be and it is hereby 
ordained in lieu thereof to read as follows : 

ARTICLE NO. U 

Weights and Measures 

1. Standards. 

The standards for weights and measures in the City of 
Baltimore, except as may be otherwise provided by law, 
shall be the same as the standards for weights and meas- 
ures of the United States of America. 

2. Set of weights and measures. 

A complete set of standards of weights and measures, 
certified in accordance ivith the Agriculture Article, Anno- 
tated Code of Maryland, shall be procured by the Mayor and 



364 ORDINANCES Ord. No. 66 

City Council of Baltimore and shall be kept at all times in 
the offices of the Department of Public Works, and said set 
of standards shall be known as " office standards". In addi- 
tion, the Mayor and City Council of Baltimore shall procure 
such other weights, measures, and apparatus as may be 
found necessary, from time to time, to carry out the pro- 
visions of this sub-title, and these weights, measures, and 
is shall he in conformity with the office standards 
and shaU be known as " marking standards". The working 
standards shall he c d with the office standards at 

least once in each year. Either the office or working 
] ards shall be used in making comparisons of weights, 
measures and weighing or measuring devices submitted 
for lest or comparison at the offices of the Department of 
Public Works. 

3. Enforcement; regulations,. 

The Director of Public Works is hereby authorized and 
empowered to adopt and promulgate rules and regulations 
in connection with, and in order to properly enforce, the 
provisions of this sub -title, and every person, firm or cor- 
poration shall comply with such rules and regulations. COP- 
IES OF SUCH RULES AND REGULATIONS SHALL BE 
FILED WITH THE BALTIMORE CITY DEPARTMENT 
OF LEGISLATIVE REFERENCE. Such rules and regula- 
tions may include specifications and tolerances for all 
weights, measures, iveighing and. measuring devices, which 
shall be designed to eliminate from use, ivithout prejudice 
to apparatus which conforms as lawfully as practicable to 
the official standards, apparatus which are not accurate, 
or which are of such construction that they are not 
reason ably permanent in their adjustment, or which will 
not repeat their indications correctly, or tvhich facilitate the 
perpetration of fraud. For the purposes of this sub-title, 
apparatus shall he d rrect when it conforms 

to all applicable requirements promulgated or specified in 
this section; all other apparatus shall be defined to he in- 
correct. 

Public Works, 

The D( /><>> f Public Works shall hare and main- 

ore r all weights and measures and 



ORDINANCES 365 

tveighing and measuring devices offered for sale, sold or in 
use in the City of Baltimore, except ivith respect to the 
weighing and measuring of milk and fluid dairy products 
as provided in the Agriculture Article of the Annotated 
Code of Maryland. Any person ivho is responsible for the 
final stages of introducing a new device, or reintroducing 
any repaired, rebuilt, or altered device, into the channels 
of trade or service shall furnish the Director of Public 
Works a notice in turiting prior to the use of such device in 
the City of Baltimore. The notice shall contain the names 
and addresses of all persons involved in the transaction, 
the place of installation of the device, a description of the 
device, and the model and serial number of the device if 
obtainable. 

5. Inspection Service Fees. 

(a) It shall be unlawful for any person, firm, associa- 
tion or corporation to operate a measuring or tveighing 
device, as defined in this section, ivithout first having paid 
certain charges, as established herein, for the inspection 
service provided by the Bureau of Construction Manage- 
ment. 

(b) The annual charge imposed hereunder for the in- 
spection services of each tveighing or measuring device 
shall be as follows: 

(1) Three dollars ($3.00) for scales of nominal capac- 
ity to weigh items up to 31 pounds, sometimes referred to 
as spring balance scales or huckster scales. 

(2) Ten dollars ($10,00) for scales of nominal capacity 
to weigh items up to 61 pounds, such as computing scales, 
counter scales, personal weighing scales, and spring bal- 
ance scales. 

(3) Twenty dollars ($20.00) for scales of a nominal 
capacity to weigh items up to 7,500 pounds, such as plat- 
form scales, beam scales, track scales and hopper scales. 

(U) Fifty dollars ($50.00) for scales of a nominal ca- 
pacity to tveigh items of a weight above 7,500 pounds, such 
as vehicular scales. 

(5) Twenty -five dollars ($25.00) for tank trucks and 
tank truck meters or tank truck liquid measuring devices. 



366 ORDINANCES Ord. No. 66 

(6) Fire dollar x ($5.00) for retail or commercial fuel 
pumps or liquid fuel measuring devices such as commercial 
gasoline pumps and pumps for kerosene or diesel fuel. 

(7) One hundred dollars ($100.00) for wholesale liq- 
uid measuring devices such as bulk meters. 

(c) Notwithstanding other provisions of this section, 
no inspection serrice fee shall be imposed with respect to 
weighing devices activated by insertion of a single penny. 

(d) The operator of any measuring or weighing device 
shall be liable for the payment of any and all charges 
imposed under this subtitle. 

(e) All charges imposed under this subtitle shall be 
collected by the Director of Finance,. Such annual charges 
shall be due on January 1st of each year, provided, hoivever, 
that any weighing or measuring device placed in service 
after January 1, 1972, shall be charged inspection fees as 
follows: for a weighing and measuring device placed in 
service after January 1 and before April 1 of any year, the 
charge shall be that prescribed for the entire year; for a 
weighing and measuring device placed in service after 
March 31 and before July 1 of any year, the charge shall be 
three-fourths (%ths) of that prescribed for the entire 
year; for a weighing and measuring device placed in serv- 
ice after June 30 and before October 1 of any year t the 
eliurne shall be one-half (y 2 ) of that prescribed for the 
entire year; and for a weighing and measuring device 
placed in service after September 30 of any year, the 
charge shall be one-quarter (Yi>) of that prescribed for the 
entire year. All inspection charges shall be due and payable 
as of the date the weighing and measuring device is placed 
in service. In the event any payment is not made in full 
within thirty (,]0) days after it becomes due and payable, 
the operator of sucli measuring or weighing device shall 
he assessed by the Director of Finance the amount of the 

ilus interest at the rate of one-half of one per 
centum (% of 1%) per month of any fraction thereof, and 
a penalty of ten per centum (10 ( '< ) of the charge due, and 
the interest and penalty shall be collected as a part of the 
charge itself. 

(f) In order to properly carry out and enforce the pro- 
visions of this subtitle and to collect the charges imposed 



ORDINANCES 367 

tinder this subtitle, the Director of Finance is hereby 
authorized and empowered to promulgate, from time to 
time, such rules and regulations as he may deem necessary 
or proper to carry out and enforce the provisions of this 
subtitle and to fully collect the charges imposed under this 
subtitle, and to define or construe any of the terms and pro- 
visions used in this subtitle in connection tvith the imposi- 
tion or collection of said charges. 

(g) In addition to the powers granted to the Director 

of Finance in subsection (f), he is hereby authorized and 
empowered: 

(1) To compromise disputed claims in connection with 
the charges imposed by this subtitle, and for good and suf- 
ficient cause shown to remit interest and penalties. 

(2) To refund the amount of any overcharge or any 
charge paid in error, upon receipt of an application indi- 
cating such overcharge or error tvithin three (3) years 
from the date the charge is paid and in such form as may 
be required or approved by the Director of Finance; and 

(3) To extend, for good cause shown, the time for re- 
mitting any charges required to be paid under this subtitle 
for such period of time as he may deem reasonable. 

6. Authority of Department of Public Works. 

When not othertvise provided by law, the Department of 
Public Works shall have, enforce, exercise and abide by all 
the conditions, powers, penalties^ stipulations, orders, and 
directions set forth in the Agriculture Article of the Anno- 
tated Code of Maryland tvith respect to the Weights and 
Measures Law of Maryland. 

Petroleum Products 

7. Definitions. 

(a) Retail dealer. The term "retail dealer" shall mean 
any person, firm or corporation operating a service station, 
filling station, store, garage or other place of business 
for the retail sale of motor fuel or the sale or dispensing 
of motor fuel for delivery into the service tank or tanks of 
any motor vehicle which is propelled by an internal com- 
bustion motor, other than such a motor vehicle belonging 
to the person oivning or operating said place of business. 



368 ORDINANCES Ord. No. 66 

(b) Motor fuel. The term ''Motor Fuel" shall mean (1) 
a light distillate of petroleum or allied substance tvith suit- 
able volatility and other characteristics to be vised as a fuel 
for operating internal combustion engines whether or not 
it is mixed with other materials, or (2) any other product 
or liquid when sold for use as a fuel in any type of internal 
combustion engine furnishing power to operate a motor 
vehicle. 

8. Licenses. 

No retail dealer shall engage in the business of selling 
motor fuel at retail without first procuring from the Di- 
rector of Finance a license for each station, store, garage 
or other establishment at tvhich his said business is to be 
conducted. Licenses issued under this section shall be issued 
upon written application to the Director of Finance, shall 
be issued only to persons, firms or corporations who own 
the business to be licensed and who are the owners or 
lessees of the premises on which the business is to be con- 
ducted, shall be effective from the date of their issuance 
until the first day of January of the ensuing year, and shall 
be renewed annually. A license fee of tiventy dollars shall 
be paid for the issuance of every such license and every 
renewal thereof. 

Each licensee shall conspicuously display his license at 
the station, store, garage or other establishment to which 
it pertains. The requirements of this section with respect 
to licenses are hereby declared to be in addition to, and not 
in substitution for, license requirements contained in any 
other statute or ordinance. 

9. Signs.. 

(a) Legislative finding. The City Council finds that the 
natural beaut,/ of Baltimore City re- 
• tht limitation of signs advertising prices of motor 
vehicli fuels at places dispensing fads in Bal City. 

Sue}/ limitation will equally serve to protect the safety and 
recreational value of public travel on streets in the City 
and will better protect the public investment in its streets 
and highways. In furtherance of these purposes, the fol- 
lowing limitations aie < YlOCti d. 



ORDINANCES 369 

(b) Requirements. Every retail dealer in motor fuel 
shall publicly display and maintain on each pump or other 
dispensing device, from which motor fuel is sold by him, at 
least one sign and not more than two signs stating the price 
per gallon of the motor fuel, the State and Federal taxes, 
and the total price, sold by him from such pump or device. 
Said sign or signs shall be of a size not larger than eight 
inches by ten inches. The price shown on each of such 
signs shall include an itemization of the cost per gallon 
of said motor fuel, the amount of Federal taxes and the 
amount of state taxes. All figures, including fractions, upon 
said signs, other than figures and fractions used in any 
price-computing mechanism constituting a part of any 
such pump or dispensing device, shall be of the same size. 

(c) Price signs. No signs stating or relating to the 
prices of motor fuel, and no signs designed or calculated 
to cause the public to believe that they state or relate to the 
price of motor fuel, other than the signs referred to in 
subsection (b) of this section and required to be displayed 
upon pumps and other dispensing devices, shall be posted 
or displayed on or about the premises ivhere motor fuel 
is sold at retail, and within the vieiv of any public highway 
or reservation. 

10. Equipment; brand names. 

All above-ground equipment for storing or dispensing 
motor fuel operated by a retail dealer shall bear in a con- 
spicuous place the brand name or trade-mark, of the manu- 
facturer or distributor of the product stored therein or 
sold or dispensed therefrom. If the motor fuel stored in or 
sold or dispensed from above-ground equipment by a retail 
dealer has no brand name or trade-mark, such container 
or dispensing equipment shall have conspicuously dis- 
played thereon the tvords "No Brand". 

No person shall adulterate or permit the adulteration of 
any motor fuel or lubricating oil offered for sale or sold 
under a brand name or trade-mark or distinguishing mark 
of the manufacturer or distributor of said products, or sub- 
stitute or permit the substitution of any other motor fuel 
or lubricating oil therefor. No person shall sell or dispense, 
or offer to sell or dispense, from any pump, tank or other 
dispensing device or container any motor fuel or lubricat- 



370 ORDINANCES Ord. No. G6 

ing oil oilier than that indicated by the name, trade name, 
trade-mark, symbol, si an or other distinguishing mark of 
the manufacturer or distributor of said product, if any, 
appearing on said pump, tank or other dispensing device or 
container. 

11. Penalty provisions. 

Whoever, himself or by his agent or servant, violates any 
provision of this subtitle shall be punished by a fine of not 
less than ten nor more than one hundred dollars. Upon 
the second conviction of any licensee of any such violation, 
whether by himself or by his agent or servant, the Director 
of Finance may suspend the right of such licensee to en- 
gage in the business of selling motor fuel at retail 
for a period not exceeding three months, and upon a third 
or subsequent conviction of any licensee of any such viola- 
tion, whether by himself or by his agent or servant, the 
Director of Finance may suspend such right for a period 
not exceeding one year. 

12. Injunctions,. 

¥^e Qewrt ANY COURT OF COMPETENT JURISDIC- 
TION shall have jurisdiction in equity to enjoin the 
habitual, continued or repeated violation of any provi- 
of this subtitle by any retail dealer. Petitions for such 
relief may be filed by any person injured or damaged by 
such violation. 

Seer On And be U further ordained, That il any- provision 
el th+s subtitle, er- the application th e r e of te any person e* 
circumstance, shall fee he44 invalid, the remainder el saia 
provisions, e* the application el sweh provisions te any 
person e* circumstances other than that as te which it is 

TT^TTT III Till I" I j ~J 1 1 1 1 X I TTTTT? T7CT tXTTXrCXTTTX vi iV/i v^ f^-f J • 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
ANY AND ALL PUBLIC LOCAL LAWS OR SPECIAL 
LAWS, ORDINANCES OR RESOLUTIONS, AND ANY 
AM) ALL PARTS OF ANY PUBLIC LOCAL LAWS OR 
SPECIAL LAWS, ORDINANCES OR RESOLUTIONS 
INCONSISTENT WITH ANY OF THE PROVISIONS OF 



ORDINANCES 371 

THIS ORDINANCE ARE HEREBY REPEALED TO THE 
EXTENT OF ANY SUCH INCONSISTENCY. 

Sec. 3. And be it further ordained, That Retail Dealers, 
as defined in Section 7 of this subtitle, engaged in the busi- 
ness of selling motor fuel, as so defined, at retail on the 
effective date of this subtitle may continue such business 
for a period not exceeding thirty days after said effective 
date without being licensed as required by this subtitle. 

SEC. 4. AND BE IT FURTHER ORDAINED, THAT IN 
CASE IT BE JUDICIALLY DETERMINED THAT ANY 
WORD, PHRASE, CLAUSE, ITEM, SENTENCE, PARA- 
GRAPH, OR SECTION OF THIS ORDINANCE, OR THE 
APPLICATION THEREOF TO ANY PERSON OR CIR- 
CUMSTANCE, IS INVALID, THE REMAINING PRO- 
VISIONS AND THE APPLICATION OF SUCH PROVI- 
SIONS TO OTHER PERSONS OR CIRCUMSTANCES 
SHALL NOT BE AFFECTED THEREBY, THE MAYOR 
AND CITY COUNCIL HEREBY DECLARING THAT 
THEY WOULD HAVE ORDAINED THE REMAINING 
PROVISIONS OF THIS ORDINANCE WITHOUT THE 
WORD, PHRASE, CLAUSE, ITEM, SENTENCE, PARA- 
GRAPH OR SECTION, OR THE APPLICATION THERE- 
OF, SO HELD INVALID. 

Seer 4r SEC. 5. And be it further ordained, That this 
ordinance shall take effect from the date of its passage. 

Approved June 15, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 67 

(Council No. 211) 

An Ordinance to repeal and reordain, with amendments, 
Sections 17, 22, 24(b), 25, 39(f), 43, 49, 51, 53, 55, 
56(d), 60, 71(a), (d), (f), (g), (h), 79, 80, 81, 82, 83, 
84(c), 85, and 86 of Article 15 of the Baltimore City Code 



372 ORDINANCES Ord. No. 07 

(1966 Edition), title "Licenses,"; to repeal Sections 36, 
37, 37A (as ordained by Ordinance 412, approved June 29, 
1973), 75, 76, AND 77 7 a«4 ?8 of Article 15; and to add 
new Sections 16M-1 and 16M-2 to Article 11, title 
"Health," subtitle "Animal Control"; for the purpose of 
correcting certain references, deleting obsolete material 
and transferring to Article 11 certain sections relating 
to dogs and other animals. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 17, 22, 24(b), 25, 39(f), 43, 49, 
51, 53, 55, 56(d), 60, 71(a), (d), (f), (g), (h), 79, 80, 81, 
82, 83, 84(c), 85 and 86 of Article 15 of the Baltimore City 
Code (1966 Edition), title "Licenses," be and they are 
hereby repealed and reordained, with amendments, to read 
as follows : 

17. Ball with admission fee. 

It shall not be lawful for any person or persons to hold a 
ball where an admission fee is charged, without first ob- 
taining from the [Treasurer] Director of Finance of the 
city, a license or permit so to do, under a penalty of not 
less than ten nor more than twenty dollars. 

22. Refusal, revocation of license. 

Upon the approval of the Mayor, the [Treasurer] Di- 
rector of Finance shall have full power and authority to 
refuse to grant licenses under the provisions of this article, 
and also, when directed by the Mayor, shall have full power 
and authority to revoke any license granted by virtue of 
this article. 

24. 

(b) Ticket agencies. No person shall engage in the 
business of selling the tickets, cards or other tokens evi- 
dencing the righl of admission to exhibitions, perform- 
ances, games or sports conducted by licensees under li- 
censes issued by the State of Maryland or City of Baltimore, 
or shall open or conduct an office, agency or other place by 
whatever name known at which such tickets are sold or 
offered for sale, unless a license shall have been issued to 



ORDINANCES 373 

such person by the [City Treasurer] Director of Finance 
upon the payment of the fee herein prescribed. Each such 
license shall be limited to a single location or place of busi- 
ness and shall expire on the first day of January next 
ensuing the grant thereof, and the fee for such a license 
shall be two hundred and fifty dollars ($250.00) and the 
said license fee shall not be prorated. A licensee under this 
section, or any officer or employee thereof, shall not di- 
rectly or indirectly exact, accept or receive for any ticket 
or token of admission to an exhibition, performance, game 
or sport conducted by a licensee under a license granted 
by the State of Maryland or the City of Baltimore, any 
greater amount than fifty cents (50^) in excess of the sum 
of the regular or established price or charge therefor 
printed on the face of such ticket, plus the amount of any 
tax imposed by the Government of the United States or by 
the State of Maryland upon such ticket or the right of admis- 
sion thereunder. The license of any licensee under this 
section may be revoked and annulled by the [City Treas- 
urer] Director of Finance for any violation of this section. 
Any person who shall engage in any business or conduct an 
office, agency or other place for which a license is required 
by this section, without procuring such license, shall be 
guilty of a misdemeanor and, upon conviction thereof, be 
subject to a fine of not more than five hundred dollars 
(§500.00) and to imprisonment for not more than six 
months, or both, in the discretion of the Court; provided, 
however, that no license shall be required of any agent 
duly authorized in writing by a licensed exhibitor to sell 
tickets for said licensee at the established price printed 
thereon. 

25. Regulation. 

(a) License. No person, firm or corporation shall oper- 
ate for pay or reward any type of animated riding device 
unless he or it shall first have obtained an annual license 
so to do from the [City Treasurer] Director of Finance 
and shall have paid an annual license fee of ten dollars 
($10.00) for each such device. 

(b) Definition. For the purposes of this subtitle, an 
animated riding device is defined as a mechanical and/or 
electrical contrivance in some such form as a rocking horse, 



374 ORDINANCES Ord. No. 67 

airplane, boat or "space ship" (this list being illustrative 
only, and not exclusive), or other similar or comparable 
contrivance which, upon the insertion of a coin or from 
other motivation, gives a moving ride or activated oper- 
ation. 

(c) Inspection. Before issuing any such license, the 
[City Treasurer] Director of Finance shall have such ani- 
mated riding device inspected by the [Building Inspection 
Engineer] Commissioner of Housing and Community De- 
velopment and shall obtain from him a certificate to the 
effect that the animated riding device has been inspected 
and is mechanically safe for operation. As a condition for 
retaining any such license, the applicant shall present to 
the [City Treasurer] Director of Finance at intervals of 
not more than six (6) months thereafter, a similar certifi- 
cate of inspection and safe condition. 

(d) Financial responsibility. The [City Treasurer] 
Director of Finance shall require each applicant for a li- 
cense herein provided for to furnish proof of financial 
responsibility in the form of a written certificate from 
an insurance carrier authorized to transact business in the 
State of Maryland. Said certificate shall state that the appli- 
cant is insured against liability for damage including death 
or injury to persons and damage to property due to faulty 
equipment or negligence, and indemnifying the City 
against any suit or suits, losses, claims, damages or expense 
to which the City may be subjected by reason of any 
damage to property or person, including death, or injury 
to the public highways and other public property done in 
or in connection with the transportation, erection, opera- 
tion, maintenance and supervision of such animated riding 
devices and said certificate shall be provided in an 
amount which in the discretion of the [City Treasurer] 
Director of Finance will adequately protect the public. 

(e) Non-residents. Where the applicant is a non- 
resident, said applicant and said insurance carrier shall 
execute a power of attorney authorizing the [City Treas- 
urer] Di/( dor of Finance to accept on their behalf service 
of notices, processes and any action arising out of the own- 
ership, operation, maintenance or in any wise connected 
with said animated riding devices, while they are within 
the confines of the limits of the city of Baltimore. 



ORDINANCES 375 

(f) Same; corporation. In the event that a non-resident 
corporation applies for a license, the [City Treasurer] 
Director of Finance shall issue said license provided the 
non-resident corporation complies with all conditions here- 
in contained, and in addition thereto submits with its appli- 
cation for said license a certificate from the State Tax 
Commission of Maryland certifying that the non-resident 
corporation is a duly constituted corporation authorized to 
do business in the State of Maryland. 

(g) Building Code. Paragraph 2917 of Article 32 of 
this Code, relating to the electrical and mechanical re- 
quirements for certain circuses and carnivals, also shall 
apply in all respects to the animated riding devices herein 
provided for. Except for the provisions of Paragraph 2917, 
no other provisions of Section 291 of said Article 32 shall 
apply to animated riding devices. 

39. 

(f) Duplicates. In case of the loss, mutilation or de- 
struction of a license certificate, the Director shall issue a 
duplicate thereof upon proof of the facts and payment of a 
fee of one dollar ($1.00). The Director of Traffic shall ac- 
count for all such license fee receipts to the [City Treas- 
urer] Director of Finance and they shall be credited to 
the general funds of the Mayor and City Council of Bal- 
timore. 

43. Hearing. 

Whenever the Director of Traffic shall refuse to issue 
a license or a renewal thereof or shall revoke or suspend 
a license, a licensee or applicant shall have an opportunity 
to be heard, such hearing to be held at such time and place 
as the Director of Traffic shall prescribe. A license may, 
however, be temporarily suspended, without notice, pend- 
ing any prosecution, investigations or hearing. Upon refus- 
ing, suspending, or revoking a license as hereinbefore in 
this section authorized, the Director of Traffic shall grant 
the applicant or licensee an opportunity for a hearing. The 
Director of Traffic shall notify the applicant or licensee 
of the hearing, and upon his request shall afford him the 
hearing on a date as early as practical, but in no event to 
be later than thirty days following the notification. Upon 



376 ORDINANCES Ord. No. 67 

such hearing, the Director of Traffic, or his duly author- 
ized agent, may administer oaths and may issue subpoenas 
for the attendance of witnesses and the production of rele- 
vant honks and papers. Following the hearing, the Director 
of Traffic shall either rescind [its] the order of refusal, 
suspension or revocation or, good cause appearing there- 
for, may extend the refusal or suspension of the license, or 
may revoke the license. 

49. Exhibition of license. 

Every person, firm or corporation, who shall take out a 
license under Section 48, and who shall conduct an employ- 
ment agency under such license, shall register his, her or 
its full name and address with the [Treasury] Director of 
Finance during the first week of January in each year, 
and shall exhibit on the front of the building in which 
such business shall be conducted, a sign containing the 
words, "Licensed Employment Agency", and the name of 
the person, firm or corporation so conducting such business. 

51. License required. 

It shall not be lawful for any roving bands of nomads, 
commonly called gypsies, or any person or persons compos- 
ing any such bands, who have no permanent place of abode 
in the State of Maryland, to pitch or settle its or their en- 
campment or carry on its or their business or transaction 
or practice their craft within the limits of the City of 
Baltimore unless they, or some of them, shall first obtain 
from the [Treasurer] Director of Finance of said City a 
license for such bands to pitch or settle its or their encamp- 
ment or carry on its or their business or practice their 
craft in said City, for which shall be paid by the person 
applying for such license to said [Treasurer] Director 
of Finance the sum of one thousand dollars, for the use of 
said city, each license to be issued in the name of the band 
for which such license is obtained, and if the band for 
which such license is obtained has no name by which the 
same is generally known by its members, then the party 
applying for such license shall designate to the [Treas- 
urer] Director of Finance what name he desires such band 
to be called in the license to be issued, and such license, 
when issued, shall not entitle such band named in such li- 
cense, or any of its members, to return and pitch or settle 



ORDINANCES 377 

its cr their encampment or carry on their business or 
transactions or practice their craft after moving beyond 
the limits of said City. 

53. Enforcement. 

Whenever any proper officer of the law shall arrest any 
person or persons composing such band or bands, as afore- 
said, the sheriff of Baltimore City or any constable acting 
within his authority in Baltimore City shall seize all the 
property in the possession of such band or any of its mem- 
bers, and hold the same until after the trial of the person 
or persons so arrested; and if at the trial such person or 
persons, or any of them, shall be convicted of a violation 
of any of the provisions of this subtitle, then such con- 
stable or the sheriff, as the case may be, shall proceed to 
sell the same, or so much thereof as may be necessary, 
after giving at least ten days' notice of the said sale to 
satisfy and pay the fine or fines and the cost adjudged 
against the person or persons so convicted, together with 
the cost and expenses of keeping such property; and such 
constable or sheriff, as the case may be, shall be entitled 
to the same fees for the taking and selling such property 
as are allowed to the said City where the offense is com- 
mitted, for seizing and selling personal property under a 
writ of Fieri Facias, provided, that when any person or per- 
sons composing such band or bands as aforesaid shall be 
arrested as provided in this subtitle, the constable or sher- 
iff making such arrest or arrests shall, upon request of 
such person or persons so arrested, take him or them before 
the [Treasurer] Director of Finance of said City, and if 
the person or persons so arrested, or any other person, 
shall at any time or within five days thereafter take out 
such license as provided in Section 51 of this subtitle for 
the band of which the person or persons so arrested are 
members, then the constable or sheriff, as the case may be, 
upon the production to him of a written notice signed by 
the said [Treasurer] Director of Finance that license has 
been issued for the band of which the person or persons 
in his custody are members, and the payment to him of all 
costs and expenses of the arrest or arrests or the seizure 
of the property, as aforesaid, and the further sum of ten 
dollars for each and every person so arrested and in his 
custody, shall release such person or persons, and shall pay 



378 ORDINANCES Ord. No. 67 

over the amount or amounts so collected, after deducting 
all costs, as aforesaid, as the same would be paid were it 
a fine imposed by the Criminal Court of Baltimore City. 

55. Licenses. 

(a) Required; fee. No person, firm or corporation shall 
operate any type of ride or riding device mounted on mo- 
bile equipment unless he or it shall first have obtained an 
annual license so to do from the [City Treasurer] Director 
of Finance, and shall have paid an annual license fee of 
twenty-five dollars ($25.00) for each such ride or riding 
device mounted on mobile equipment. 

(b) Inspections. Before issuing any such license, the 
[City Treasurer] Director of Finance shall have such ride 
or riding device mounted on mobile equipment inspected 
by the [Building Inspection Engineer] Commissioner of 
Housing and Community Development and shall obtain 
from him a certificate to the effect that such ride or riding- 
device mounted on mobile equipment has been inspected 
and is mechanically safe for operation. The applicant shall 
as a condition of retaining any such license present to the 
[City Treasurer] Director of Finance a similar certifi- 
cate of inspection and safe condition at intervals of not 
more than six months thereafter. 

(c) Financial responsibility. The [City Treasurer] 
Director of Finance shall require each applicant for a li- 
cense herein provided for to furnish proof of financial 
responsibility in the form of a written certificate from an 
insurance carrier authorized to transact business in the 
State of Maryland. Said certificate shall state that the appli- 
cant is insured against liability for damage including death 
or injury to persons and damage to property due to faulty 
equipment or negligence, and indemnifying the City 
against any suit or suits, losses, claims, damages or expense 
to which the City may be subjected by reason of any 
damage to property or person, including death, or injury 
to the public highways and other public property done in 
or in connection with the transportation, erection, opera- 
tion, maintenance and supervision of such ride or riding 
device mounted on mobile equipment, and said certificate 
shall be provided in an amount which in the discretion of 



ORDINANCES 379 

the [City Treasurer] Director of Finance will adequately 
protect the public. 

(d) Same; non-residents. Where the applicant is a non- 
resident, said applicant and said insurance carrier shall 
execute a power of attorney authorizing the [City Treas- 
urer] Director of Finance to accept service on their behalf 
of notices, processes and any action arising out of the own- 
ership, operation, maintenance or in any wise connected 
with said ride or riding device mounted on mobile equip- 
ment while [they are] it is within the confines of the 
limits of the City of Baltimore. 

(e) Same; non-resident corporation. In the event that 
a non-resident corporation applies for a license, the [City 
Treasurer] Director of Finance shall issue said license pro- 
vided the said non-resident corporation complies with all 
conditions herein contained, and in addition thereto sub- 
mits with its application for said license a certificate from 
the State Tax Commission of Maryland certifying that the 
non-resident corporation is a duly constituted corporation 
authorized to do business in the State of Maryland. 

(f) Building Code. None of the provisions of Section 
291 "Circuses and Carnivals" of Ordinance No. 1263, ap- 
proved June 20, 1950, which regulates circuses and carni- 
vals in Baltimore City, shall apply to applications and 
licenses to operate any type of ride or riding device 
mounted on mobile equipment, provided that no such li- 
cense shall operate such ride or riding device mounted on 
mobile equipment in any one block within the confines of 
the City of Baltimore for a longer period than one hour. 

56. 

(d) Rules and regulations. The [City Treasurer] Di- 
rector of Finance is hereby authorized and empowered to 
prescribe, adopt, promulgate and enforce such rules and 
regulations as in his judgment are necessary for the ad- 
ministration and enforcement of this section. 

60. Hours for operation. 

No person shall use, exercise or carry on the trade or 
business of pawnbroker in this city, without having such 



380 ORDINANCES Ord. No. 67 

license as aforesaid, nor in any other house than the one 
designated in said license, unless in case of removal; the 
[Treasurer] Director of Finance shall endorse on said 
license the house to which the party shall have removed, 
and no house wherein said trade or business is carried on 
shall be opened at an earlier hour than eight o'clock in the 
morning, nor shall it be kept open later than six-thirty 
o'clock in the evening, except between the 15th day of De- 
cember and the 31st day of December (inclusive), when it 
may be kept open until eleven o'clock p.m., except on Fri- 
days, when it may be kept open until seven-thirty o'clock 
p.m., and also, except on Saturdays and any day immedi- 
ately prior to a legal holiday, when it may be kept open 
until nine o'clock p.m. 

71. Licenses. 

(a) Required; fees. Every person, firm, association or 
corporation owning, or operating, or placing, or keeping, 
or permitting to be kept, or maintaining for use, or per- 
mitting the use of, any of the hereinafter described amuse- 
ment devices for public entertainment or amusement, in 
any place, or on any premises in the City of Baltimore shall 
obtain an annual license from the [City Treasurer] Direc- 
tor of Finance and shall pay therefor the annual license fee 
hereinafter set forth, before any such amusement device is 
placed in use or operation for any of the purposes herein- 
before mentioned : 

(1) One hundred fifty dollars ($150.00) for each and 
every coin-operated amusement device, except pinball ma- 
chines and such devices covered by subparagraph (2) 
hereof. For the purpose of this subparagraph (1), the term 
"coin-operated amusement device" includes, but is not lim- 
ited to, the following devices, if the same are operated or 
activated by coins or tokens: claw machines, bowling ma- 
chines, shuffleboard machines, pool tables, console ma- 
chines, target machines, baseball machines, and other 
similar devices; provided, however, that such term does 
not include bona fide vending machines in which amuse- 
ment features are not incorporated or made a part thereof. 

(1-a) One hundred fifty dollars ($150.00) for each and 
every pinball machine. 



ORDINANCES 381 

(2) Fifty dollars ($50.00) for each and every music 
box, mechanical player piano, graphophone or other simi- 
lar mechanical musical device played by the insertion of 
a coin or token, and two dollars ($2.00) for each addi- 
tional independent coin-operated speaker delivering music 
on the same premises. 

(3) Seventy dollars ($70.00) for each and every shuffle 
board which is not coin-operated. 

(4) In the case of any amusement device specified here- 
inabove in this subsection, which is first being placed in 
use or operation and which is being licensed for the first 
time under this subtitle, a license may be secured for less 
than a period of one full year. In such case the license fee 
for three-quarters of the year shall be 75% of that indi- 
cated for a full year ; the fee for one-half of the year shall 
be 50% of that indicated for the full year; and the fee for 
one-quarter of the year shall be 25% of that indicated for 
the full year. For any such amusement device a license shall 
be obtained and a fee shall be paid for the number of full 
and partial quarters remaining in that calendar year. 

(d) Metal tags. Each device licensed as required by this 
section shall have affixed to it at all times a metal tag or 
other indicia, as prescribed and issued by the [City Treas- 
urer] Director of Finance, showing that the license fee 
for such device has been paid, and such metal tag or other 
indicia shall be securely attached, by the legal entity who 
is required to secure a license for such device as prescribed 
by subsection (a) hereof, to the device for which it was 
issued. Provided, that the provisions of this subsection (d) 
shall not apply to any duly licensed amusement arcade as 
set forth in subsection (b) hereof, and in lieu thereof, the 
[City Treasurer] Director of Finance shall issue a certifi- 
cate for any such amusement arcade, and said certificate 
shall be publicly displayed at all times in a prominent place 
within such arcade. 

(f) Licenses transferable. The licenses provided for in 
this section may be transferred from one licensee to an- 
other upon written application to the [City Treasurer] 
Director of Finance and his approval thereof. 

(g) Rules and regulations. In order to properly carry 
out and enforce the provisions of this section and to collect 



382 ORDINANCES Ord. No. 67 

the license fees levied and imposed under this section, the 
[City Treasurer] Director of Finance is hereby authorized 
and empowered to make, adopt, promulgate and amend, 
from time to time, such rules and regulations as he may 
deem necessary or proper to carry out and enforce the pro- 
visions of this section and to fully collect the license fees 
imposed under this section, and to define or construe any 
of the terms and provisions used in this section. 

(h) Penalties. Any person or other legal entity who 
shall participate or aid in any manner in the evasion of the 
payment of the license fees imposed under this section, or 
who shall violate any of the terms or provisions of this 
section or any of the rules or regulations made, adopted or 
promulgated by the [City Treasurer] Director of Finance 
under the provisions of this section, shall be deemed guilty 
of a misdemeanor and upon conviction thereof by a court 
of competent jurisdiction shall be subject to a fine of not 
more than one hundred dollars ($100) for each offense. 

79. Sale of perishable articles. 

It shall not be lawful for any person or persons, or firm, 
to sell or offer for sale in the streets and highways of 
Baltimore City any fresh fruits, vegetables or other perish- 
able articles without having first obtained from the [Treas- 
urer] Director of Finance of Baltimore City, who is hereby 
authorized to grant the same, a license, which said license 
is to expire on the first day of January succeeding the 
date of its issue. 

80. Same ; licenses. 

Any person or persons desiring to sell fresh fruits, vege- 
tables or other perishable articles from any wagon in the 
streets or highways of Baltimore City shall apply to the 
[Treasurer] Director of Finance of Baltimore City for a 
license therefor and shall pay to said [Treasurer] Direc- 
tor of Finance the sum of five dollars ($5) ; and any person 
or persons desiring to sell fresh fruits, vegetables or other 
perishable articles from any basket or push-cart in the 
streets or highways of Baltimore City shall apply to the 
[Treasurer] Director of Finance of Baltimore City for a li- 

refor, and shall pay to said [Treasurer] 1> 
tot of Fi nonce the sum of two dollars ($2). No license 
shall be issued for a part of a year. 



ORDINANCES 383 

81. Badges. 

Each wagon shall be attended by not more than two 
men, and such persons shall conspicuously wear a badge 
to be supplied by the [Treasurer] Director of Finance, and 
to be numbered in conformity with the number of the li- 
cense on the wagon from which they and each of them are 
selling; and each basket man and push-cart man shall also 
conspicuously wear a badge to be supplied by the said 
[Treasurer] Director of Finance, and said badge shall be 
numbered to correspond with the number of his license. 

82. Penalties. 

Any person or persons selling or offering for sale the 
articles named in Section 80 of this article without first 
having obtained the license and wagon number, as pro- 
vided for in said Section 80, shall forfeit and pay a fine 
of five dollars for each and every offense ; and any person 
or persons neglecting to conspicuously display the badge, 
as provided in Section 81 hereof, shall forfeit and pay a 
fine of one dollar for each and every offense, and the fines 
and moneys received from the licenses named in said Sec- 
tion 80 are to be deposited with the [Treasurer] Director 
of Finance to the credit of the City of Baltimore. 

83. Country grower's license. 

Any person required to take out a license by Sections 
79, 80, 81 and 82, or [either] any of them, who is a bona 
fide producer or grower of fruits, vegetables or other 
perishable articles which he proposes to sell, upon produc- 
ing satisfactory evidence of that fact, as hereinbelow pro- 
vided, shall be entitled to receive, upon payment of the 
license fee provided for in said Section 80, a country 
grower's license instead of the huckster license heretofore 
issued thereunder, and shall not be required to wear a 
badge, as provided for in said Section 81 ; but such grower 
or producer shall be furnished by the [City Treasurer] 
Director of Finance with a sign, of a size and design to be 
selected by the [Treasurer] Director of Finance, suitable 
to be displayed upon his wagon, on which shall be printed 

"Country Growers' License No ," giving the date of 

the license, and said sign shall be displayed on his wagon 
in a conspicuous place. Any person desiring to avail himself 



384 ORDINANCES Ord. No. 67 

of the provisions of this section shall present to the [City 
Treasurer] Director of Finance a statement, subscribed 
and sworn to before a notary public or a justice of the 
peace personally acquainted with such person, in which 
statement shall be given the name and postoffice address 
of the applicant, the location of the land from which his 
fruits, vegetables and other perishable articles are to be 
produced, whether the applicant is the owner thereof or 
the renter, and, in the latter case, also the name of the 
landlord or owner, and the time for which the lease is to 
run ; also that the applicant intends to use said license, and 
the sign hereinbelow provided for, himself, personally or 
by agent, for the sale of his own produce only, and will 
not permit the same to be used by any third party or for 
the sale of any produce except his own. Said statement shall 
have the certificate of [a justice of the peace or] a notary 
public appended thereto, certifying that it was subscribed 
and sworn to by the applicant in his presence, and also 
certifying that he is personally acquainted with the appli- 
cant and with the property referred to, and personally 
knows facts stated in the affidavit to be true. Any person 
failing to display said sign on his wagon in a conspicuous 
place or making any false statement in such affidavit or 
permitting the license or sign thereby obtained to be used 
in the sale of any produce except produce grown by him on 
the land mentioned in said affidavit, shall be subject to a 
fine of not less than five dollars ($5) nor more than fifty 
dollars ($50), to be collected as other fines provided for by 
ordinance are collected. 

84. 

(c) Farmers and producers. Provided further, that this 
subtitle shall not apply to a farmer or producer or person 
who offers for sale or sells to retailers, hotels, restaurants, 
processors, or public institutions or to commission mer- 
chants the products herein mentioned, or any of them, 
which were grown, raised or produced, made, manufac- 
tured, caught, trapped or killed, within the State of Mary- 
land, but it shall be unlawful, however, for any such 
farmer or producer or person or any employees of such 
farmer or producer, or person to engage in the business of 
selling the products herein mentioned, or any of them, to 
retailers, hotels, restaurants or public institutions within 



ORDINANCES 385 

the City of Baltimore unless he applies annually to the 
[City Treasurer] Director of Finance for a permit so to sell. 
Any farmer or producer or person desiring to secure such 
permit shall file with the [City Treasurer] Director of 
Finance annually an application, with his post office ad- 
dress., subscribed and sworn to before a notary public [or 
justice of the peace], which shall state that he will sell or 
offer for sale only such products as were grown, raised, 
produced, made, manufactured, caught, trapped, or killed 
in the State of Maryland; it shall be the duty of the said 
[City Treasurer] Director of Finance to investigate and 
verify the statements of the applicant if he is not satisfied 
with the proofs submitted. 

85. License ; required. 

It shall be unlawful for any person, firm, association or 
corporation to conduct or operate the business of an Itin- 
erant Wholesale Produce Dealer, as hereinbefore in this 
subtitle defined, without first having obtained a license so 
to do[,]. [w] Written application therefor shall be 
made to the [City Treasurer] Director of Finance on 
forms prepared by him. Such application shall contain the 
name and address of the applicant, and, if the applicant 
is a firm, the name and address of each member of the 
firm. If the applicant is a corporation or association, the 
application shall contain the names and addresses of its 
principal officers. The application shall contain such fur- 
ther information as may be required by the [City Treas- 
urer] Director of Finance in order to inform him fully 
as to the nature of the business, the equipment and facili- 
ties to be used. 

&6. Same ; fee, revocation. 

The license fee for each and every cart, wagon, truck, 
automobile or other vehicle used in the business of an Itin- 
erant Wholesale Produce Dealer and operated or propelled 
along or upon the streets or thoroughfares of the City of 
Baltimore shall be two hundred dollars per annum, or a 
portion thereof, for each vehicle, which amount shall be 
paid to the [City Treasurer] Director of Finance. Said 
license shall expire on the first day of January each year, 
and shall not be transferable. 



386 ORDINANCES Ord. No. (37 

The Mayor may revoke such license at any time by notice 
in writing whenever it shall appear to his satisfaction that 
the licensee has violated the provisions of this subtitle and 
has failed to correct same upon due notice from the [City 
Treasurer] Director of Finance. 

Sec. 2. And be it further ordained, That Sections 36, 
37, 37A (as ordained by Ordinance 412, approved June 29, 
1973) , 75, 76, AND 77 7 an4 7S of Article 15 of the Baltimore 
City Code (1966 Edition) title "Licenses", be and they are 
hereby repealed. 

Sec. 3. And be it further ordained, That new Sections 
16M-1 and 16M-2 be and they are hereby added to Article 
11 of the Baltimore City Code (1966 Edition), title 
"Health," subtitle "Animal Control," to read as follows : 

1 6M-1,. Misrepresentation to obtain custody. 

Any person who obtains the custody of any dog, cat, or 
other animal, and tvho wilfidly misrepresents his address 
or identity, to the owner of said dog, cat or other animal, is 
guilty of a misdemeanor. Upon conviction thereof, he shall 
be fined not less than fifty dollars ($50.00) nor more than 
two hundred dollars ($200.00) or shall be imprisoned for 
not more than thirty days nor less than ten days, or sub- 
ject to both such fine and imprisonment in the discretion 
of the court. 

16M-2. Owner's liability for damage to person or prop- 
erty. 

If any dog shall do any damage to either the body, cloth- 
rty of any person, the owner or keeper, or if 
the owner or keeper be a minor, the parents or guardian 
of such mim r, shall he. liabU ages, unless such 

damages shell have been occasioned to the body or clothing 
of a p vho, at the time such was sustained^ was com- 

mitting a trespass or other tort, or was i casing, tormenting 
or abusing such dog. A person is lawfully upon the pri- 
vate property of such owner within the meaning of this 
section when he is on such property in the performance of 
any dut y imposed upon him by the Unas of the state, the 



ORDINANCES 387 

city or by the postal regulations of the United States of 
America or ivhen he is on such property upon the invita- 
tion, expressed or implied, of the owner thereof. 

Sec. 4. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 16, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 68 
(Council No. 302) 

An Ordinance to authorize the Mayor and City Council of 
Baltimore (pursuant to Chapter 135 of the Acts of the 
General Assembly of Maryland of 1976), to issue and sell 
its certificates of indebtedness to an amount not exceed- 
ing Ten Million Dollars ($10,000,000.00), the proceeds 
derived from the sale of the same to be used for the cost 
of issuance, including the expense of engraving, print- 
ing, advertising, attorneys' fees, and all other incidental 
expenses connected therewith, and the remainder of such 
proceeds shall be used to make or contract to make 
financial loans to any person or other legal entity to be 
used for or in connection with the purchase, acquisition, 
construction, erection, development, rehabilitation, reno- 
vation, modernization or improvement of buildings or 
structures, including any land necessary therefor, within 
the boundaries of Baltimore City, which buildings or 
structures are to be used or occupied for residential pur- 
poses; to guarantee or insure financial loans made by 
third parties to any person or other legal entity which 
are to be used for or in connection with the purchase, 
acquisition, construction, erection, development, reha- 
bilitation, renovation, modernization, or improvement of 
buildings or structures, including any land necessary 
therefor, within the boundaries of Baltimore City, which 
buildings or structures are to be used or occupied for 
residential purposes, and for doing any and all things 



388 ORDINANCES Ord. No. 68 

necessary, proper or expedient in connection with or per- 
taining to any or all of the matters or things herein- 
before mentioned; conferring and imposing upon the 
Commissioners of Finance of Baltimore City certain 
powers and duties; authorizing the submission of this 
ordinance to the legal voters of the City of Baltimore, 
for their approval or disapproval, at the General Election 
to be held in Baltimore City on Tuesday, the 2nd day of 
November, 1976; providing that the financial loans made, 
guaranteed or insured shall be self-supporting, and pro- 
viding for the expenditure of the proceeds of said cer- 
tificates of indebtedness in accordance with the provisions 
of the Charter of the Mayor and City Council of Balti- 
more, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Whereas, by Chapter 135 of the Acts of the General 
Assembly of Maryland of 1976, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 
Ten Million Dollars ($10,000,000.00), in the manner and 
upon the terms set forth in said Act, the proceeds thereof, 
not exceeding the par value of said certificates of indebt- 
edness, to be used for or in connection with making, guar- 
anteeing, or insuring financial loans for the purchase, 
acquisition, construction, erection, rehabilitation, renova- 
tion, modernization or improvement of residential prop- 
erties in Baltimore City, as authorized by said Act; and 

Whereas, Funds are now needed for said purposes; 
therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 
more, acting by and through the Commissioners of Fi- 
nance of said municipality, be and it is hereby authorized 
and empowered to issue bonds of the Mayor and City 
Council of Baltimore to an amount not exceeding Ten Mil- 
lion Dollars ($10,000,000.00), from time to time, as the 
same may be needed or required for the purposes herein- 
after named and said bonds shall be sold by said Com- 
missioners of Finance from time to time and at such times 



ORDINANCES 389 

as shall be requisite, and the proceeds derived from the 
sale of said bonds shall be used for the purposes hereinafter 
named, provided that this ordinance shall not become 
effective unless it shall be approved by a majority of the 
votes of the legal voters of Baltimore City cast at the time 
and place hereinafter designated by this ordinance. 

Sec. 2. And be it further ordained, That : 

(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may 
be in sums of One Thousand Dollars ($1,000.00), or any 
suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as to 
discharge the entire principal amount represented thereby 
within not more than forty (40) years from the date of 
their issuance ; provided, however, that it shall not be nec- 
essary to provide for the maturity of any part of the prin- 
cipal amount represented by any of said bonds for the first 
five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such 
rate or rates as may be determined by a majority of the 
Commissioners of Finance by resolution at such time or 
times when any of said bonds are issued, and such interest 
shall be payable semi-annually. 

Sec. 3. And be it further ordained^, That a majority of 
the Commissioners of Finance of the Mayor and City 
Council of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following : 

(a) The amount of debt to be incurred by the Mayor 
and City Council of Baltimore at any particular time, and 
from time to time, under and pursuant to the provisions of 
this ordinance; the date or dates when any bonds repre- 
senting said debt, or any part thereof, are to mature, and 
the amount or amounts of said debt, or any part thereof, 
which shall mature upon the aforesaid date or dates; and 
the semi-annual dates in each year, during the entire pe- 
riod of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable. 



390 ORDINANCES Ord. No. 68 

(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under 
the provisions of this ordinance at any particular time, 
including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds; the 
provisions, if any, for the issuance of fully registered 
bonds; the provisions, if any, for the registration as to 
principal of any coupon bonds; and the provisions, if any, 
for the conversion and reconversion into coupon bonds of 
any fully registered bonds or coupon bonds registered as 
to principal; the place or places for the payment of prin- 
cipal and interest of said bonds ; and the date of said bonds 
issued at any particular time, and the right of redemption 
of said bonds by the City prior to maturity ; and 

(c) The time, place, manner and medium of advertise- 
ment of the readiness of the Commissioners of Finance, 
acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds 
authorized to be issued hereunder, or any part thereof ; the 
form, terms and conditions of such bids; the time, place 
and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this ordi- 
nance are offered for sale and sold at the same time as 
other bonds of said City, to establish the conditions for 
bids and awards and to award all of said bonds on an all 
or none basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

Sec. 4. And be it further ordained, That : 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 
ordinance shall be applied first to defray the cost of issu- 
ance thereof and the balance, if any, shall be applied to the 
payment of interest on any of said bonds becoming due and 
payable during the fiscal year in which said bonds are 
issued and sold or during the next succeeding fiscal year. 

(1)) The debt authorized by the provisions of this ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable 
thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 



ORDINANCES 391 

(c) All bonds issued and sold pursuant to the provi- 
sions of this ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due 
notice of such sale, but the Mayor and City Council of Bal- 
timore, acting by and through the Commissioners of 
Finance thereof, shall have the right to reject any or all 
bids therefor for any reason and thereafter reoffer such 
bonds at public sale as aforesaid or at private sale, pro- 
vided that if such bonds be offered at private sale they shall 
be offered for sale and sold for not less than par and 
accrued interest. 

Sec. 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this ordinance have been paid in full, the 
Mayor and City Council of Baltimore shall levy and im- 
pose an annual tax on each One Hundred Dollars ($100.00) 
of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and 
principal of all bonds theretofore issued and outstanding, 
payable in the next succeeding year. 

Sec. 6. And be it further ordained, That this ordinance 
shall be submitted to the legal voters of the City of Balti- 
more, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 2nd 
day of November, 1976. 

Sec. 7. And be it further ordained, That prior to the 
date of the election hereinbefore mentioned, notice shall 
be given to the public of the amount of money which the 
Mayor and City Council of Baltimore is authorized to bor- 
row, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions 
of this ordinance, and the time when the election herein- 
before mentioned is to be held ; and such public notice shall 
be given in such manner and by such means or through 
such media and at such time or times as may be deter- 
mined, from time to time, by a majority of the Commis- 
sioners of Finance. 

Sec. 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to 



392 ORDINANCES Ord. No. 68 

be issued under the provisions of this ordinance, not ex- 
ceeding the par value thereof, shall be used exclusively for 
the following purposes, to wit: 

(a) So much thereof as may be necessary, in addition 
to the premiums realized from the sale, if any, for the cost 
of issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental ex- 
penses connected therewith ; and 

(b) The remainder of such proceeds to be used to make 
or contract to make financial loans to any person or other 
legal entity to be used for or in connection with the pur- 
chase, acquisition, construction, erection, development, re- 
habilitation, renovation, modernization or improvement of 
buildings or structures, including any land necessary there- 
for, within the boundaries of Baltimore City, which build- 
ings or structures are to be used or occupied for residential 
purposes; to guarantee or insure financial loans made by 
third parties to any person or other legal entity which are 
to be used for or in connection with the purchase, acquisi- 
tion, construction, erection, development, rehabilitation, 
renovation, modernization or improvement of buildings or 
structures, including any land necessary therefor, within 
the boundaries of Baltimore City, which buildings or 
structures are to be used or occupied for residential pur- 
poses, and for doing any and all things necessary, proper 
or expedient in connection with or pertaining to any or all 
of the matters or things hereinbefore mentioned. 

SEC. 9. And be it further ordained, That no part of the 
proceeds of sale of the bonds hereby authorized to be is- 
sued shall be expended until after the Commissioners of 
Finance have determined, based upon such data as said 
Commissioners of Finance shall require to be submitted to 
them to enable them to make such determination, that any 
financial loans made, guaranteed or insured from such pro- 
ceeds, shall, in fact, be self-supporting. 

Sec. 10. And be it further ordained, That in case any 
land or property now or hereafter owned by the Mayor 
and City Council of Baltimore is sold by it to any legal 
entity for the purpose of construction, erection or develop- 
ment of buildings or structures, which buildings or struc- 



ORDINANCES 393 

tures are to be used or occupied for residential purposes, 
then the purchaser of said land or property shall pay to 
the municipality at least an amount of money equal to the 
full appraised value of said land or property, and in case 
any such land or property is leased by the municipality to 
any legal entity for any of the purposes hereinbefore men- 
tioned, then the lessee shall pay annually to the municipal- 
ity an amount of money equal to the reasonable rental 
value of said land or property. In the event any such land 
or property is sold by the municipality as aforesaid and 
such land or property is then reconveyed back to the 
municipality as security for any loan made by the munici- 
pality to the purchaser under the provisions of this ordi- 
nance, then such purchaser shall pay annually to the 
municipality in lieu of taxes a tax equivalent charge on 
such land or property on the basis of the then prevailing 
tax assessment on the land and improvements and calcu- 
lated at the City and State tax rates then in effect, in 
accordance with the policy of the Board of Estimates of 
the municipality. All payments made in lieu of taxes shall 
be made when real estate taxes of the municipality ordi- 
narily become due and payable. 

Sec. 11. And be it further ordained, That the expendi- 
ture of the proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this ordi- 
nance shall be in accordance with the provisions of the 
Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordi- 
nance of Estimates of the Mayor and City Council of 
Baltimore. 

Approved June 16, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 69 
(Council No. 303) 

An Ordinance to authorize the Mayor and City Council of 
Baltimore (pursuant to Chapter 145 of the Acts of the 



394 ORDINANCES Old. No. G9 

Genera] Assembly of Maryland of 1976), to issue its cer- 
tificates of indebtedness to an amount not exceeding 
Sixteen Million Dollars (516,000,000.00), the proceeds of 
the same to be used for the cost of issuance, including 
the expense of engraving, printing, advertising, attor- 
neys' fees, and all other incidental expenses connected 
therewith, and the remainder of such proceeds shall be 
used for reconstructing, modernizing, improving, en- 
larging and equipping the incinerator plant known as 
Incinerator No. 4 located on Pulaski Highway in the 
City of Baltimore, and in connection with the operation 
of said incinerator plant to construct, erect, establish, 
acquire and equip auxiliary facilities to dispose of incin- 
erator residues, unincinerated solid wastes and bulky 
solid waste disposal system-? : the acquisition by purchase 
for and in connection with planning, developing, and 
making operative a comprehensive system for the dis- 
posal of solid wastes, including, but not limited to, the 
following, in connection with Incinerator No. 4 and the 
solid waste disposal system; the acquisition, by purchase 
or condemnation, or any other legal means, of land or 
property, or any rights therein, within or without the 
City of Baltimore (subject to local government approval 
for land outside of Baltimore City) ; constructing and 
erecting on said land or property or on any land or 
property now or hereafter owned by the Mayor and City 
Council of Baltimore new buildings, structures and facil- 
ities and in any other manner improving and developing 
said land or property; the establishment and develop- 
ment of sites for landfills and the establishment and 
development of transfer stations; the acquisition or in- 
stallation of equipment needed for or in connection with 
any or all of the forementioned buildings, structures or 
facilities or other things, and for doing any and all 
things necessary, proper or expedient in connection with 
or pertaining to any or all of the matters or things here- 
inbefore mentioned; provided, however, that no part of 
such proceeds shall be used to pay costs not directly re- 
lated to and required for the stated purposes, it being 
the intent of this provision to limit the use of such 
proceeds to capital expenditures and to prohibit their 
use for current expenses of the city; provided further, 
that no part of the said proceeds shall be used for capital 



ORDINANCES 395 

improvements to the facility known as the Reedbird Ave- 
nue Incinerator ; and provided further, that nothing con- 
tained in Section 3(b) of this SAID Act shall be construed 
to authorize the Mayor and City Council of Baltimore to 
acquire any land or property, or any rights therein, lo- 
cated outside the boundary lines of Baltimore City with- 
out the approval of the governing body of the political 
subdivision in which the land is located; to confer and 
impose upon the Commissioners of Finance of Baltimore 
City certain powers and duties; to authorize the sub- 
mission of this ordinance to the legal voters of the City 
of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore City on Tues- 
day, the 2nd day of November, 1976, and providing for 
the expenditure of the proceeds of sale of said certifi- 
cates of indebtedness in accordance with the provisions 
of the Charter of the Mayor and City Council of Balti- 
more, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Whereas, By Chapter 145 of the Acts of the General 
Assembly of Maryland of 1976, the Mayor and City Council 
of Baltimore is authorized to create a debt, and to issue and 
sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 
Sixteen Million Dollars ($16,000,000.00), in the manner 
and upon the terms set forth in said Act, the net proceeds 
derived from the sale of said bonds not exceeding the par 
value of said bonds, to be used for the purpose of recon- 
structing, modernizing, improving, enlarging and equip- 
ping the incinerator plant known as Incinerator No. 4 
located on Pulaski Highway in the City of Baltimore, and 
for planning, developing, and making operative a compre- 
hensive system for the disposal of solid wastes, as author- 
ized by said Act ; and 

Whereas, funds are now needed for said purpose ; there- 
fore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 
more, acting by and through the Commissioners of Fi- 
nance of said municipality, be and it is hereby authorized 



396 ORDINANCES Ord. No. 69 

and empowered to issue bonds of the Mayor and City 
Council of Baltimore, to an amount not exceeding Sixteen 
Million Dollars ($16,000,000.00), from time to time, as the 
.same may be needed or required for the purposes herein- 
after named and said bonds shall be sold by said Commis- 
sioners of Finance from time to time and at such times as 
shall be requisite, and the proceeds derived from the sale 
of said bonds be used for the purposes hereinafter named, 
provided that this ordinance shall not become effective un- 
less it shall be approved by a majority of the votes of the 
legal voters of Baltimore City cast at the time and place 
hereinafter designated by this ordinance. 

Sec. 2. And be it further ordained, That said bonds shall 
be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One 
Thousand Dollars ($1,000.00), or any suitable multiple 
thereof, to be redeemable in Twenty (20) yearly series on 
the fifteenth day of October in each of the years and in the 
amounts set forth in the following schedule: 

Amount in Each 
Each of the Years of the Years 

1979 through 1998, 

both inclusive $800,000.00 

said bonds, when issued, shall bear interest at such rate 
or rates as may be determined by a majority of the Com- 
missioners of Finance by resolution at such time or times 
when any of said bonds are issued, the interest to be pay- 
able semi-annually on the fifteenth day of April and the 
fifteenth day of October, in each year after issuance dur- 
ing the respective periods that the series in which said 
bonds are issued may run. 

Sec. 3. And be it further ordained, That a majority of 
the Commissioners of Finance of the Mayor and City 
Council of Baltimore be, and they are hereby authorized to 
pasfl a resolution or resolutions, from time to time, to de- 
termine and set forth any or all of the following : 

(a) The form or forms of the bonds representing the 
(loM, or any part thereof, authorized to be issued under 
the provisions of this ordinance at any particular time, 



ORDINANCES 397 

including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds; the 
provisions, if any, for the issuance of fully registered bonds ; 
the provisions, if any, for the registration as to principal 
of any coupon bonds ; and the provisions, if any, for the 
conversion and reconversion into coupon bonds of any fully 
registered bonds or coupon bonds registered as to princi- 
pal; the place or places for the payment of principal and 
interest of said bonds ; and the date of said bonds issued at 
any particular time; and the right of redemption of said 
bonds by the City prior to maturity ; and 

(b) The time, place, manner and medium of advertise- 
ment of the readiness of the Commissioners of Finance, 
acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of bonds au- 
thorized to be issued hereunder or any part thereof; the 
form, terms and conditions of such bids; the time, place 
and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this ordi- 
nance are offered for sale and sold at the same time as other 
bonds of said corporation, to establish the conditions for 
bids and awards and to award all of said bonds on an all 
or none basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

Sec. 4. And be it further ordained, That : 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 
ordinance shall be applied first to defray the cost of issu- 
ance thereof and the balance, if any, shall be applied to 
the payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds 
are issued and sold or during the next succeeding fiscal 
year. 

(b) The debt authorized by the provisions of this ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable 
thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provi- 
sions of this ordinance shall be sold at public sale to the 



398 ORDINANCES Ord. No. 69 

highest responsible bidder or bidders therefor after due 
notice of such sale, but the Mayor and City Council of Balti- 
more, acting by and through the Commissioners of Fi- 
nance thereof, shall have the right to reject any or all bids 
therefor for any reason, and thereafter reoffer such bonds 
at public sale as aforesaid or at private sale, provided that 
if such bonds be offered at private sale they shall be offered 
for sale and sold for not less than par and accrued interest. 

Sec. 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this ordinance have been paid in full, the 
Mayor and City Council of Baltimore shall levy and impose 
an annual tax on each One Hundred Dollars ($100.00) of 
assessable property in the City of Baltimore at a rate suffi- 
cient to produce revenue to pay all interest on and princi- 
pal of all bonds theretofore issued and outstanding or 
authorized to be issued and outstanding, payable in the next 
succeeding year. 

Sec. 6. And be it further ordained, That this ordinance 
shall be submitted to the legal voters of the City of Balti- 
more, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 2nd 
day of November, 1976. 

Sec. 7. And be it further ordained, That prior to the 
date of the election hereinbefore mentioned, notice shall be 
given to the public of the amount of money which the 
Mayor and City Council of Baltimore is authorized to bor- 
row, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of 
this ordinance, and the time when the election hereinbe- 
fore mentioned is to be held; and such public notice shall 
be given in such manner and by such means or through 
such media and at such time or times as may be deter- 
mined, from time to time, by a majority of the Commis- 
sioners of Finance. 

SEC. 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this ordinance, not ex- 
ceeding the par value thereof, shall be used exclusively for 
the following purposes, to wit : 






ORDINANCES 399 

(a) So much thereof as may be necessary, in addition 
to the premiums realized from the sale, if any, for the cost 
of issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental ex- 
penses connected therewith; and 

(b) The remainder of such proceeds shall be used for 
reconstructing, modernizing, improving, enlarging and 
equipping the incinerator plant known as Incinerator No. 
4 located on Pulaski Highway in the City of Baltimore, and 
in connection with the operation of said incinerator plant 
to construct, erect, establish, acquire and equip auxiliary 
facilities to dispose of incinerator residues, unincinerated 
solid wastes and bulky solid wastes, and to reclaim salvage- 
able solid wastes; and for or in connection with planning, 
developing, and making operative a comprehensive system 
for the disposal of solid wastes, including, but not limited 
to, the following, in connection with Incinerator No. 4 
and the solid waste disposal system: the acquisition, by 
purchase or condemnation, or any other legal means, of 
land or property, or any rights therein within or without 
the City of Baltimore; constructing and erecting on said 
land or property or on any land or property now or here- 
after owned by the Mayor and City Council of Baltimore 
new buildings, structures and facilities and in any other 
manner improving and developing said land or property; 
the establishment and development of sites for landfills 
and the establishment and development of transfer sta- 
tions; the acquisition or installation of equipment needed 
for or in connection with any or all of the forementioned 
buildings, structures or facilities or other things, and for 
doing any and all things necessary, proper or expedient 
in connection with or pertaining to any or all of the mat- 
ters or things hereinbefore mentioned; provided further, 
that no part of such proceeds shall be used to pay costs not 
directly related to and required for the stated purposes, 
it being the intent of this provision to limit the use of such 
proceeds to capital expenditures and to prohibit their use 
for current expenses of the City; provided further, that 
no part of the said proceeds shall be used for capital im- 
provements to the facility known as the Reedbird Avenue 
incinerator; and provided further, that nothing contained 
in Section 3(b) of fckis SAID Act shall be construed to 
authorize the Mayor and City Council of Baltimore to ac- 



400 ORDINANCES Ord. No. 70 

quire any land or property, or any rights therein, located 
outside the boundary lines of Baltimore City without the 
approval of the governing body of the political subdivision 
in which the land is located. 

Sec. 9. And be it further ordained, That the expenditure 
of the proceeds derived from the sale of the bonds author- 
ized to be issued under the provisions of this ordinance 
shall be in accordance with the provisions of the Charter 
of the Mayor and City Council of Baltimore, and by the mu- 
nicipal agency designated in the annual Ordinance of 
Estimates of the Mayor and City Council of Baltimore. 

Approved June 16, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 70 
(Council No. 304) 

An Ordinance to authorize the Mayor and City Council of 
Baltimore (pursuant to Chapter 214 of the Acts of the 
General Assembly of Maryland of 1976), to issue and sell 
its certificates of indebtedness in an amount not ex- 
ceeding Seven Million Five Hundred Thousand Dollars 
($7,500,000.00), the proceeds derived from the sale of 
the same to be used for the cost of issuance, including 
the expense of engraving, printing, advertising, attor- 
neys' fees, and all other incidental expenses connected 
therewith, and the remainder of such proceeds shall be 
used for the establishment and development of an aquar- 
ium in the City of Baltimore, including but not limited 
to, the acquisition by purchase, condemnation or any 
other legal means, of land or property, or any rights 
therein, in the City of Baltimore, and constructing and 
erecting on said land or property, or on any land or prop- 
erty now or hereafter owned by the Mayor and City 
Council of Baltimore, new buildings, structures, and other 
auxiliary facilities; and for equipment for any and all 
new facilities authorized to be constructed or erected by 






ORDINANCES 401 

the provisions hereof; and for architectural or engineer- 
ing services or surveys; and any other activities related 
to planning for the purposes above mentioned; and for 
doing any and all things necessary, proper or expedient 
in connection with or pertaining to any or all of the 
matters or things hereinbefore mentioned; provided, 
however, that no part of such proceeds shall be used to 
pay costs not directly related to and required for the 
acquisition, construction or completion of a specific 
physical improvement and the initial equipping thereof; 
it being the intent of this provision to limit the use of 
such proceeds to capital expenditures and to prohibit 
their use for current expenses of the city ; to confer and 
impose upon the Commissioners of Finance of Baltimore 
City certain powers and duties; to authorize the sub- 
mission of this ordinance to the legal voters of the City 
of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore City on Tues- 
day, the 2nd day of November, 1976, and providing for 
the expenditure of the proceeds of sale of said certifi- 
cates of indebtedness in accordance with the provisions 
of the Charter of the Mayor and City Council of Balti- 
more, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Whereas, by Chapter 214 of the Acts of the General 
Assembly of Maryland of 1976, the Mayor and City Council 
of Baltimore is authorized to create a debt, and to issue and 
sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 
Seven Million Five Hundred Thousand Dollars ($7,500,- 
000.00), in the manner and upon the terms set forth in 
said Act, the net cash proceeds derived from the sale of 
said bonds, not exceeding the par value of said bonds, to be 
used for the establishment and development of an aquar- 
ium in the City of Baltimore as authorized by said Act ; and 

Whereas, Funds are now needed and necessary for the 
purposes mentioned in said Act ; therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Baltimore, 
acting by and through the Commissioners of Finance of 



402 ORDINANCES Ord. No. 70 

said municipality, be and it is hereby authorized and em- 
powered to issue bonds of the Mayor and City Council of 
Baltimore to an amount not exceeding Seven Million Five 
Hundred Thousand Dollars ($7,500,000.00), from time to 
time, as the same may be needed or required for the pur- 
poses hereinafter named and said bonds shall be sold by 
said Commissioners of Finance from time to time and at 
such times as shall be requisite, and the proceeds derived 
from the sale of said bonds shall be used for the purposes 
hereinafter named, provided that this ordinance shall not 
become effective unless it shall be approved by a majority 
of the votes of the legal voters of Baltimore City cast at the 
time and place hereinafter designated by this ordinance. 

Sec. 2. And be it further ordained, That said bonds shall 
be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One 
Thousand Dollars ($1,000.00) or any suitable multiple 
thereof, to be redeemable in Twenty (20) yearly series on 
the fifteenth day of October in each of the years and in the 
amounts as set forth in the following schedule : 

Amount in Each 
Each of the Years of the Years 

1979 through 1998, 

both inclusive $375,000.00 

said bonds, when issued, shall bear interest at such rate 
or rates as may be determined by a majority of the Com- 
missioners of Finance by resolution at such time or times 
when any of said bonds are issued, the interest to be pay- 
able semi-annually on the Fifteenth day of April and the 
Fifteenth day of October in each year after issuance, dur- 
ing the respective periods that the series in which said 
bonds are issued may run. 

Sec. 3. And be it further ordained, That a majority of 
the Commissioners of Finance of the Mayor and City 
Council of Baltimore be, and they are hereby authorized to 
pass a resolution or resolutions, from time to time, to de- 
termine and set forth any or all of the following: 

(a) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under 



ORDINANCES 403 

the provisions of this ordinance at any particular time, 
including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds; the 
provisions, if any, for the issuance of fully registered bonds ; 
the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the 
conversion and reconversion into coupon bonds of any fully 
registered bonds or coupon bonds registered as to princi- 
pal; the place or places for the payment of principal and 
interest of said bonds ; and the date of said bonds issued at 
any particular time; and the right of redemption of said 
bonds by the City prior to maturity ; and 

(b) The time, place, manner and medium of advertise- 
ment of the readiness of the Commissioners of Finance, 
acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of bonds au- 
thorized to be issued hereunder, or any part thereof; the 
form, terms and conditions of such bids; the time, place 
and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this ordi- 
nance are offered for sale and sold at the same time as other 
bonds of said corporation, to establish the conditions for 
bids and awards and to award all of said bonds on an all 
or none basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

Sec. 4. And be it further ordained, That : 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 
ordinance shall be applied first to defray the cost of issu- 
ance thereof and the balance, if any, shall be applied to 
the payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds 
are issued and sold or during the next succeeding fiscal 
year. 

(b) The debt authorized by the provisions of this ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable 
thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 



404 ORDINANCES Ord. No. 70 

(c) All bonds issued and sold pursuant to the provi- 
sions of this ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due 
notice of such sale, but the Mayor and City Council of Balti- 
more, acting by and through the Commissioners of Fi- 
nance thereof, shall have the right to reject any or all bids 
therefor for any reason, and thereafter reoffer such bonds 
at public sale as aforesaid or at private sale, provided that 
if such bonds be offered at private sale they shall be offered 
for sale and sold for not less than par and accrued interest. 

Sec. 5. And be it further ordained, That until all the 
interest on and principal of any bonds issued pursuant to 
the provisions of this ordinance have been paid in full, the 
Mayor and City Council of Baltimore shall levy and impose 
an annual tax on each One Hundred Dollars ($100.00) of 
assessable property in the City of Baltimore at a rate suffi- 
cient to produce revenue to pay all interest on and princi- 
pal of all bonds theretofore issued and outstanding or 
authorized to be issued and outstanding, payable in the next 
succeeding year. 

Sec. 6. And be it further ordained, That this ordinance 
shall be submitted to the legal voters of the City of Balti- 
more, for their approval or disapproval, at the General 
Election to be held in Baltimore City, on Tuesday, the 2nd 
day of November, 1976. 

Sec. 7. And be it further ordained, That prior to the 
date of the election hereinbefore mentioned, notice shall be 
given to the public of the amount of money which the 
Mayor and City Council of Baltimore is authorized to bor- 
row, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of 
this ordinance, and the time when the election hereinbe- 
fore mentioned is to be held; and such public notice shall 
be given in such manner and by such means or through 
such media and at such time or times as may be deter- 
mined, from time to time, by a majority of the Commis- 
sioners of Finance. 

Sec. 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this ordinance, not ex- 



ORDINANCES 405 

ceeding the par value thereof, shall be used exclusively for 
the following purposes, to wit: 

(a) So much thereof as may be necessary in addition 
to the premiums realized from the sale, if any, for the cost 
of issuance, including the expenses of engraving, printing, 
advertising, attorneys' fees, and all other incidental ex- 
penses connected therewith ; and 

(b) The remainder of such proceeds shall be used for 
the establishment and development of an aquarium in the 
City of Baltimore, including, but not limited to, the acqui- 
sition, by purchase, condemnation or any other legal 
means, of land or property, or any rights therein, in the 
City of Baltimore, and constructing and erecting on said 
land or property, or on any land or property now or here- 
after owned by the Mayor and City Council of Baltimore, 
new buildings, structures, and other auxiliary facilities; 
and for equipment for any and all new facilities author- 
ized to be constructed or erected by the provisions hereof; 
and for architectural or engineering services or surveys, 
and any other activities relating to planning for the pur- 
poses above mentioned; and for doing any and all things 
necessary, proper or expedient, in connection with or per- 
taining to any or all of the matters or things hereinbefore 
mentioned; provided, however, that no part of such pro- 
ceeds shall be used to pay costs not directly related to and 
required for the acquisition, construction or completion of 
a specific physical improvement and the initial equipping 
thereof; it being the intent of this provision to limit the 
use of such proceeds to capital expenditures and to prohibit 
their use for current expenses of the City. 

Sec. 9. And be it further ordained, That the expenditure 
of the proceeds derived from the sale of the bonds author- 
ized to be issued under the provisions of this ordinance 
shall be in accordance with the provisions of the Charter 
of the Mayor and City Council of Baltimore, and by the 
municipal agency designated in the annual Ordinance of 
Estimates of the Mayor and City Council of Baltimore. 

Approved June 16, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



406 ORDINANCES Ord. No. 71 

No. 71 
(Council No. 305) 

An Ordinance to authorize the Mayor and City Council of 
Baltimore (Pursuant to Chapter 138 of the Acts of the 
General Assembly of Maryland of 1976, to issue and sell 
its certificates of indebtedness to an amount not exceed- 
ing Ten Million Dollars ($10,000,000.00), the proceeds 
derived from the sale of the same to be used for the cost 
of issuance, including the expense of engraving, print- 
ing, advertising, attorneys' fees, and all other incidental 
expenses connected therewith, and the remainder of such 
proceeds shall be used for or in connection with plan- 
ing, developing, executing and making operative the 
Community Development Program of the Mayor and 
City Council of Baltimore, including but not limited to, 
the acquisition, by purchase, lease, condemnation or any 
other legal means, of land or property, or any right, 
interest, franchise, easement or privilege therein, in the 
City of Baltimore ; the payment of any and all costs and 
expenses incurred in connection with or incidental to 
the acquisition and management of said land or prop- 
erty, including any and all rights or interests therein 
hereinbefore mentioned; the payment of any and all 
costs and expenses incurred for or in connection with 
relocating and moving persons or other legal entities 
displaced by the acquisition of said land or property, or 
any of the rights or interests therein hereinbefore men- 
tioned ; the development or redevelopment, including, but 
not limited to, the comprehensive renovation or reha- 
bilitation of any land or property, or any rights or in- 
terests therein hereinbefore mentioned, in the City of 
Baltimore, and the disposition of land and property for 
such purposes; the elimination of unhealthful, unsani- 
tary or unsafe conditions, lessening density eliminating 
obsolete or other uses detrimental to the public welfare 
or otherwise removing or preventing the spread of 
blight or deterioration in the City of Baltimore, the 
demolition, removal, relocation, renovation or alteration 
of land, buildings, streets, highways, alleys, utilities or 
services, and other structures or improvements, and for 
the construction, reconstruction, installation, relocation 
or repair of buildings, streets, highways, alleys, utilities 



ORDINANCES 407 

or services, and other structures or improvements; the 
payment of any and all costs and expenses incurred lor 
or in connection with doing any or all of the things 
herein mentioned, including, but not limited to, the costs 
and expenses of securing administrative, appraisal, eco- 
nomic analysis, engineering, planning, designing, archi- 
tectural, surveying, and other professional services; and 
doing any and all things necessary, proper or expedient 
in connection with or pertaining to any or all of the 
matters or things hereinbefore mentioned; conferring 
and imposing upon the Commissioners of Finance of 
Baltimore City certain powers and duties; authorizing 
the submission of this ordinance to the legal voters of 
the City of Baltimore, for their approval or disapproval, 
at the General Election to be held in Baltimore City on 
Tuesday, the 2nd day of November, 1976 and providing 
for the expenditure of the proceeds of sale of said cer- 
tificates of indebtedness in accordance with the provi- 
sions of the Charter of the Mayor and City Council of 
Baltimore, and by the municipal agency designated in 
the annual Ordinance of Estimates of the Mayor and 
City Council of Baltimore. 

Whereas, by Chapter 138 of the Acts of the General 
Assembly of Maryland of 1976, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue and 
sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 
Ten Million Dollars ($10,000,000.00) in the manner and 
upon the terms set forth in said Act, the proceeds thereof, 
not exceeding the par value of said certificates of indebted- 
ness, to be used for or in connection with the Community 
Development Program of the City of Baltimore ; and 

Whereas, Funds are now needed for said purposes; 
therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 
more, acting by and through the Commissioners of Finance 
of said municipality, be and it is hereby authorized and 
empowered to issue bonds of the Mayor and City Council 
of Baltimore to an amount not exceeding Ten Million Dol- 
lars ($10,000,000.00), from time to time, as the same may 






408 ORDINANCES Ord. No. 71 

be needed or required for the purposes hereinafter named 
and said bonds shall be sold by said Commissioners of 
Finance from time to time and at such times as shall be 
requisite, and the proceeds derived from the sale of said 
bonds shall be used for the purposes hereinafter named, 
provided that this ordinance shall not become effective un- 
less it shall be approved by a majority of the votes of the 
legal voters of Baltimore City cast at the time and place 
hereinafter designated by this ordinance. 

Sec. 2. And be it further ordained, That said bonds shall 
be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One 
Thousand Dollars ($1,000.00), or any suitable multiple 
thereof, to be redeemable in Twenty (20) yearly series on 
the fifteenth day of October in each of the years and in the 
amounts set forth in the following schedule : 

Amount in Each 
Each of the Years of the Years 

1980 through 1999, 

both inclusive $500,000.00 

said bonds, when issued, shall bear interest at such rate 
or rates as may be determined by a majority of the Com- 
missioners of Finance by resolution at such time or times 
when any of said bonds are issued, the interest to be pay- 
able semi-annually on the fifteenth day of April and the 
fifteenth day of October, in each year after issuance dur- 
ing the respective periods that the series in which said 
bonds are issued may run. 

Sec. 3. And be it further ordained, That a majority of 
the Commissioners of Finance of the Mayor and City 
Council of Baltimore be, and they are hereby authorized to 
pass a resolution or resolutions, from time to time, to de- 
termine and set forth any or all of the following : 

(a) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under 
the provisions of this ordinance at any particular time, 
including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds ; the 
provisions, if any, for the issuance of fully registered bonds ; 



ORDINANCES 409 

the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the 
conversion and reconversion into coupon bonds of any fully 
registered bonds or coupon bonds registered as to princi- 
pal; the place or places for the payment of principal and 
interest of said bonds ; and the date of said bonds issued at 
any particular time; and the right of redemption of said 
bonds by the City prior to maturity; and 

(b) The time, place, manner and medium of advertise- 
ment of the readiness of the Commissioners of Finance, 
acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds au- 
thorized to be issued hereunder or any part thereof; the 
form, terms and conditions of such bids; the time, place 
and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this ordi- 
nance are offered for sale and sold at the same time as other 
bonds of said corporation, to establish the conditions for 
bids and awards and to award all of said bonds on an ail 
or none basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

Sec. 4. And be it further ordained, That : 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 
ordinance shall be applied first to defray the cost of issu- 
ance thereof and the balance, if any, shall be applied to 
the payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds 
are issued and sold or during the next succeeding fiscal 
year. 

(b) The debt authorized by the provisions of this ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable 
thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provi- 
sions of this ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due 
notice of such sale, but the Mayor and City Council of Balti- 



410 ORDINANCES Ord. No. 71 

more, acting by and through the Commissioners of Fi- 
nance thereof, shall have the right to reject any or all bids 
therefor for any reason, and thereafter reoffer such bonds 
at public sale as aforesaid or at private sale, provided that 
if such bonds be offered at private sale they shall be offered 
for sale and sold for not less than par and accrued interest. 

Sec. 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this ordinance have been paid in full, the 
Mayor and City Council of Baltimore shall levy and impose 
an annual tax on each One Hundred Dollars ($100.00) of 
assessable property in the City of Baltimore at a rate suffi- 
cient to produce revenue to pay all interest on and princi- 
pal of all bonds theretofore issued and outstanding or 
authorized to be issued and outstanding, payable in the next 
succeeding year. 

Sec. 6. And be it further ordained, That this ordinance 
shall be submitted to the legal voters of the City of Balti- 
more, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 2nd 
day of November, 1976. 

Sec. 7. And be it further ordained, That prior to the 
date of the election hereinbefore mentioned, notice shall be 
given to the public of the amount of money which the 
Mayor and City Council of Baltimore is authorized to bor- 
row, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of 
this ordinance, and the time when the election hereinbe- 
fore mentioned is to be held; and such public notice shall 
be given in such manner and by such means or through 
such media and at such time or times as may be deter- 
mined, from time to time, by a majority of the Commis- 
sioners of Finance. 

Sec. 8. And be it further ordained. That the actual cash 
proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this ordinance, not ex- 
ceeding the par value thereof, shall be used exclusively for 
the following purposes, to wit : 

(a) So much thereof as may be necessary, in addition 
to the premiums realized from the sale, if any, for the cost 



ORDINANCES 411 

of issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental ex- 
penses connected therewith ; and 

(b) The remainder of such proceeds shall be used for 
or in connection with planning, developing, executing and 
making operative the Community Development Program 
of the Mayor and City Council of Baltimore, including, 
but not limited to : 

(i) The acquisition, by purchase, lease, condemnation 
or any other legal means, of land or property, or any right, 
interest, franchise, easement or privilege therein, in the 
City of Baltimore ; 

(ii) The payment of any and all costs and expenses 
incurred in connection with or incidental to the acquisi- 
tion and management of said land or property, including 
any and all rights or interests therein hereinbefore men- 
tioned ; 

(iii) The payment of any and all costs and expenses 
incurred for or in connection with relocating and moving 
persons or other legal entities displaced by the acquisition 
of said land or property, or any of the rights or interests 
therein hereinbefore mentioned ; 

(iv) The development or redevelopment, including, but 
not limited to, the comprehensive renovation or rehabili- 
tation of any land or property, or any rights or interests 
therein hereinbefore mentioned, in the City of Baltimore, 
and the disposition of land and property for such purposes ; 

(v) The elimination of unhealthful, unsanitary or un- 
safe conditions, lessening density, eliminating obsolete or 
other uses detrimental to the public welfare or otherwise 
removing or preventing the spread of blight or deteriora- 
tion in the City of Baltimore; 

(vi) The demolition, removal, relocation, renovation or 
alteration of land, buildings, streets, highways, alleys, 
utilities or services, and other structures or improvements, 
and for the construction, reconstruction, installation, re- 
location or repair of buildings, streets, highways, alleys, 
utilities or services, and other structures or improvements ; 



412 ORDINANCES Ord. No. 72 

(vii) The payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not limited to, the 
costs and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, ar- 
chitectural, surveying, and other professional services; and 

(viii) Doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all 
of the matters or things hereinbefore mentioned. 

All of such land or property shall be acquired, developed, 
redeveloped, renovated, rehabilitated, altered, improved, 
held or disposed of, as provided by law. 

Sec. 9. And be it further ordained, That the expenditure 
of the proceeds derived from the sale of the bonds author- 
ized to be issued under the provisions of this ordinance 
shall be in accordance with the provisions of the Charter 
of the Mayor and City Council of Baltimore, and by the 
municipal agency designated in the annual Ordinance of 
Estimates of the Mayor and City Council of Baltimore. 

Approved June 16, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 72 
(Council No. 306) 

An Ordinance to authorize the Mayor and City Council of 
Baltimore (pursuant to Chapter 215 of the Acts of the 
General Assembly of Maryland of 1976), to issue and sell 
its certificates of indebtedness to an amount not exceed- 
ing Two Million Five Hundred Thousand Dollars ($2,- 
500,000.00), the proceeds derived from the sale of same 
to be used for the cost of issuance, including the ex- 
pense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected there- 
with, and the remainder of such proceeds shall be used 
for the acquisition, by purchase or condemnation or any 



ORDINANCES 413 

other legal means, of land or property in the City of 
Baltimore and establishing thereon or therein, or on or 
in land or property now or hereafter owned by the 
Mayor and City Council of Baltimore, new parks, play- 
grounds, playfields, playlots, recreational centers or rec- 
reational buildings; and for the design, redesign, devel- 
opment, redevelopment and improvement of park, school 
and other properties now or hereafter owned by the 
Mayor and City of Baltimore for park or recreational 
purposes; and for the acquisition, construction recon- 
struction, installation, erection, protection, extension, 
enlargement, renovation or modernization of, and addi- 
tions to, public park or recreational buildings, structures 
or facilities, including, but not limited to, the zoo located 
in Druid Hill Park; and for the acquisition and installa- 
tion of equipment for any and all new facilities author- 
ized to be constructed, erected or established under the 
provisions hereof, and for doing any and all things nec- 
essary, proper or expedient in connection with or per- 
taining to any or all of the matters or things hereinbe- 
fore mentioned ; provided, however, that no part of such 
proceeds shall be used to pay costs not directly related to 
and required for the acquisition, construction or com- 
pletion of a specific physical improvement and the initial 
equipping thereof; it being the intent of this provision 
to limit the use of such proceeds to capital expenditures 
and to prohibit their use for current expenses of the 
city; to confer and impose upon the Commissioners of 
Finance of Baltimore City certain powers and duties; 
to authorize the submission of this ordinance to the legal 
voters of the City of Baltimore, for their approval or 
disapproval, at the General Election to be held in Balti- 
more City on Tuesday, the 2nd day of November, 1976, 
and providing for the expenditure of the proceeds of sale 
of said certificates of indebtedness in accordance with the 
provisions of the Charter of the Mayor and City Council 
of Baltimore, and by the municipal agency designated in 
the annual Ordinance of Estimates of the Mayor and 
City Council of Baltimore. 

Whereas, by chapter 215 of the Acts of the General 
Assembly of Maryland of 1976, the Mayor and City Council 
of Baltimore is authorized to create a debt, and to issue and 
sell its certificates of indebtedness (hereinafter called 



414 ORDINANCES Ord. No. 72 

"bonds") as evidence thereof, to an amount not exceeding 
Two Million Five Hundred Thousand Dollars ($2,500,- 
000.00), in the manner and upon the terms set forth in 
said Act, the net cash proceeds derived from the sale of 
said bonds, not exceeding the par value of said bonds, to be 
used for recreation and park purposes as authorized by 
said Act; and 

Whereas, Funds are now needed for said purposes; 
therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 
more, acting by and through the Commissioners of Finance 
of said municipality, be and it is hereby authorized and 
empowered to issue bonds of the Mayor and City Council 
of Baltimore to an amount not exceeding Two Million 
Five Hundred Thousand Dollars ($2,500,000.00), from 
time to time, as the same may be needed or required for 
the purposes hereinafter named and said bonds shall be 
sold by said Commissioners of Finance from time to time 
and at such times as shall be requisite, and the proceeds 
from the sale of said bonds shall be used for the purposes 
hereinafter named, provided that this ordinance shall not 
become effective unless it shall be approved by a majority 
of the votes of the legal voters of Baltimore City cast at 
the time and place hereinafter designated by this ordi- 
nance. 

Sec. 2. And be it further ordained. That said bonds shall 
be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One 
Thousand Dollars ($1,000.00), or any suitable multiple 
thereof, to be redeemable in ten (10) yearly series on 
the fifteenth day of October in each of the years and in the 
amounts set forth in the following schedule : 

Amount in Each 
Each of the Years of the Years 

1980 through 1989, 

both inclusive $250,000.00 

said bonds, when issued, shall bear interest at such rate 
or rates as may be determined at such time or times 



ORDINANCES 415 

when any of said bonds are issued, the interest to be pay- 
able semi-annually on the fifteenth day of April and the 
fifteenth day of October, in each year after issuance dur- 
ing the respective periods that the series in which said 
bonds are issued may run. 

Sec. 3. And be it further ordained, That a majority of 
the Commissioners of Finance of the Mayor and City 
Council of Baltimore be, and they are hereby, authorized to 
pass a resolution or resolutions, from time to time, to de- 
termine and set forth any or all of the following : 

(a) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under 
the provisions of this ordinance at any particular time, 
including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds; the 
provisions, if any, for the issuance of fully registered bonds ; 
the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the 
conversion and reconversion into coupon bonds of any fully 
registered bonds or coupon bonds registered as to princi- 
pal; the place or places for the payment of principal and 
interest of said bonds; and the date of said bonds issued at 
any particular time; and the right of redemption of said 
bonds by the City prior to maturity ; and 

(b) The time, place, manner and medium of advertise- 
ment of the readiness of the Commissioners of Finance, 
acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of bonds au- 
thorized to be issued hereunder, or any part thereof; the 
form, terms and conditions of such bids; the time, place 
and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this ordi- 
nance are offered for sale and sold at the same time as other 
bonds of said corporation, to establish the conditions for 
bids and awards and to award all of said bonds on an all 
or none basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

Sec. 4. And be it further ordained, That : 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 



416 ORDINANCES Ord. No. 72 

ordinance shall be applied first to defray the cost of issu- 
ance thereof and the balance, if any, shall be applied to 
the payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds 
are issued and sold or during the next succeeding fiscal 
year. 

(b) The debt authorized by the provisions of this ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable 
thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provi- 
sions of this ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due 
notice of such sale, but the Mayor and City Council of Balti- 
more, acting by and through the Commissioners of Fi- 
nance thereof, shall have the right to reject any or all bids 
therefor for any reason, and thereafter reoffer such bonds 
at public sale as aforesaid or at private sale, provided that 
if such bonds be offered at private sale they shall be offered 
for sale and sold for not less than par and accrued interest. 

Sec. 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this ordinance have been paid in full, the 
Mayor and City Council of Baltimore shall levy and impose 
an annual tax on each One Hundred Dollars ($100.00) of 
assessable property in the City of Baltimore at a rate suffi- 
cient to produce revenue to pay all interest on and princi- 
pal of all bonds theretofore issued and outstanding or 
authorized to be issued and outstanding, payable in the next 
succeeding year. 

Sec. 6. And be it further ordained, That this ordinance 
shall be submitted to the legal voters of the City of Balti- 
more, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 2nd 
day of November, 1976. 

SEC. 7. And he it further ordained. That prior to the 
date of the election hereinbefore mentioned, notice shall be 



ORDINANCES 417 

given to the public of the amount of money which the 
Mayor and City Council of Baltimore is authorized to bor- 
row, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of 
this ordinance, and the time when the election hereinbe- 
fore mentioned is to be held; and such public notice shall 
be given in such manner and by such means or through 
such media and at such time or times as may be deter- 
mined, from time to time, by a majority of the Commis- 
sioners of Finance. 

Sec. 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this ordinance, not ex- 
ceeding the par value thereof, shall be used exclusively for 
the following purposes, to wit: 

(a) So much thereof as may be necessary, in addition 
to the premiums realized from the sale, if any, for the cost 
of issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental ex- 
penses connected therewith ; and 

(b) The remainder of such proceeds shall be used for 
the acquisition, by purchase or condemnation or any other 
legal means, of land or property in the City of Baltimore 
and establishing thereon or therein, or on or in land or 
property now or hereafter owned by the Mayor and City 
Council of Baltimore, new parks, playgrounds, playfields, 
playlots, recreational centers or recreational buildings, and 
for the design, redesign, development, redevelopment and 
improvement of park, school and other properties now or 
hereafter owned by the Mayor and City Council of Balti- 
more for park or recreational purposes ; and for the acqui- 
sition, construction, reconstruction, installation, erection, 
protection, extension, enlargement, renovation or modern- 
ization of, and additions to, public park or recreational 
buildings, structures or facilities, including, but not lim- 
ited to, the Zoo located in Druid Hill Park; and for the 
acquisition and installation of equipment for any and all 
new facilities authorized to be constructed, erected or es- 
tablished under the provisions hereof, and for doing any 
and all things necessary, proper or expedient in connec- 
tion with or pertaining to any or all of the matters or 



418 ORDINANCES Ord. No. 73 

things hereinbefore mentioned; provided, however, that 
no part of such proceeds shall be used to pay costs not 
directly related to and required for the acquisition, con- 
struction or completion of a specific physical improvement 
and the initial equipping thereof; it being the intent of 
this provision to limit the use of such proceeds to capital 
expenditures and to prohibit their use for current expenses 
of the City. 

Sec. 9. And be it further ordained, That the expenditure 
of the proceeds derived from the sale of the bonds author- 
ized to be issued under the provisions of this ordinance 
shall be in accordance with the provisions of the Charter 
of the Mayor and City Council of Baltimore, and by the 
municipal agency designated in the annual Ordinance of 
Estimates of the Mayor and City Council of Baltimore. 

Approved June 16, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 73 
(Council No. 307) 

An Ordinance to authorize the Mayor and City Council of 
Baltimore (pursuant to Chapter 213 of the Acts of the 
General Assembly of Maryland of 1976), to issue and sell 
its certificates of indebtedness to an amount not exceed- 
ing Five Million Dollars ($5,000,000.00), the proceeds 
derived from the sale of the same to be used for the 
cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other in- 
cidental expenses connected therewith, and the re- 
mainder of such proceeds shall be used to make or con- 
tract to make financial loans to any person or other legal 
entity to be used for or in connection with the purchase, 
acquisition, construction, reconstruction, erection, de- 
velopment, rehabilitation, renovation, modernization or 
improvement of buildings or structures, including any 
land necessary therefor, within the boundaries of Bal- 



ORDINANCES 419 

timore City, which buildings or structures are to be used 
or occupied for industrial purposes T ; TO GUARANTEE 
OR INSURE FINANCIAL LOANS BY THIRD PAR- 
TIES TO ANY PERSON OR OTHER LEGAL ENTITY 
WHICH ARE TO BE USED FOR OR IN CONNECTION 
WITH THE PURCHASE, ACQUISITION, CONSTRUC- 
TION, RECONSTRUCTION, ERECTION, DEVELOP- 
MENT, REDEVELOPMENT, REHABILITATION, 
RENOVATION, MODERNIZATION OR IMPROVE- 
MENT OF BUILDINGS OR STRUCTURES, IN- 
CLUDING ANY LAND NECESSARY THEREFOR, 
WITHIN THE BOUNDARIES OF BALTIMORE CITY, 
WHICH BUILDINGS OR STRUCTURES ARE TO BE 
USED OR OCCUPIED FOR INDUSTRIAL PURPOSES ; 
and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of 
the matters or things hereinbefore mentioned ; conferring 
and imposing upon the Commissioners of Finance of Bal- 
timore City certain powers and duties ; providing when the 
power and authority vested in the Mayor and City Council 
of Baltimore by this ordinance shall become operative; 
authorizing the submission of this ordinance to the legal 
voters of the City of Baltimore, for their approval or dis- 
approval, at the General Election to be held in Baltimore 
City on Tuesday, the 2nd day of November, 1976 ; provid- 
ing that the financial loans made, guaranteed or insured 
shall be self-supporting, and providing for the expenditure 
of the proceeds of said certificates of indebtedness in 
accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the munic- 
ipal agency designated in the annual Ordinance of Esti- 
mates of the Mayor and City Council of Baltimore. 

Whereas, by Chapter 213 of the Acts of the General 
Assembly of Maryland of 1976, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue and 
sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 
Five Million Dollars ($5,000,000.00), in the manner and 
upon the terms set forth in said Act, the proceeds thereof, 
not exceeding the par value of said certificates of indebt- 
edness, to be used for or in connection with making, guar- 
anteeing, or insuring financial loans for purchasing, ac- 
quiring, constructing, reconstructing, erecting, developing, 






420 ORDINANCES Ord. No. 73 

redeveloping, rehabilitating, renovating, modernizing or 
improving industrial properties in Baltimore City, as 
authorized by said Act ; and 

Whereas, Funds are now needed for said purposes; 
therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 
more, acting by and through the Commissioners of Fi- 
nance of said municipality, be and it is hereby authorized 
and empowered to issue bonds of the Mayor and City Coun- 
cil of Baltimore to an amount not exceeding Five Million 
Dollars ($5,000,000.00), from time to time, as the same 
may be needed or required for the purposes hereinafter 
named and said bonds shall be sold by said Commissioners 
of Finance from time to time and at such times as shall be 
requisite, and the proceeds derived from the sale of said 
bonds shall be used for the purposes hereinafter named, 
provided that this ordinance shall not become effective 
unless it shall be approved by a majority of the votes of the 
legal voters of Baltimore City cast at the time and place 
hereinafter designated by this ordinance. 

Sec. 2. And be it further ordained, That: 

(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may 
be in sums of One Thousand Dollars ($1,000.00), or any 
suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as to 
discharge the entire principal amount represented thereby 
within not more than forty (40) years from the date of 
their issuance ; provided, however, that it shall not be nec- 
essary to provide for the maturity of any part of the prin- 
cipal amount represented by any of said bonds for the first 
five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such 
rate or rates as may be determined by a majority of the 
Commissioners of Finance by resolution at such time or 
times when any of said bonds are issued, and such inter- 
est shall be payable semi-annually. 



ORDINANCES 421 

Sec. 3. And be it further ordained, That a majority of 
the Commissioners of Finance of the Mayor and City Council 
of Baltimore be, and they are hereby, authorized to pass a 
resolution or resolutions, from time to time, to determine 
and set forth any or all of the following : 

(a) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under 
the provisions of this ordinance at any particular time, 
including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds; the 
provisions, if any, for the issuance of fully registered bonds ; 
the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the 
conversion and reconversion into coupon bonds of any 
fully registered bonds or coupon bonds registered as to 
principal ; the place or places for the payment of principal 
and interest of said bonds; and the date of said bonds is- 
sued at any particular time, and the right of redemption 
of said bonds by the City prior to maturity ; and 

(b) The time, place, manner and medium of advertise- 
ment of the readiness of the Commissioners of Finance, 
acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds 
authorized to be issued hereunder, or any part thereof, the 
form, terms and conditions of such bids; the time, place 
and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this ordi- 
nance are offered for sale and sold at the same time as 
other bonds of said City, to establish the conditions for 
bids and awards and to award all of said bonds on an all 
or none basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

Sec. 4. And be it further ordained, That : 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 
ordinance shall be applied first to defray the cost of issu- 
ance thereof and the balance, if any, shall be applied to the 
payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds are 
issued and sold or during the next succeeding fiscal year. 



422 ORIDNANCES Ord. No. 73 

(b) The debt authorized by the provisions of this ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable 
thereon (including any profit made in the sale thereof) 
shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provi- 
sions of this ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due 
notice of such sale, but the Mayor and City Council of 
Baltimore, acting by and through the Commissioners of Fi- 
nance thereof, shall have the right to reject any or all bids 
therefor for any reason, and thereafter reoffer such bonds 
at public sale as aforesaid or at private sale, provided that 
if such bonds be offered at private sale they shall be offered 
for sale and sold for not less than par and accrued interest. 

Sec. 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this ordinance have been paid in full, the 
Mayor and City Council of Baltimore shall levy and impose 
an annual tax on each One Hundred Dollars (§100.00) of 
assessable property in the City of Baltimore at a rate suffi- 
cient to produce revenue to pay all interest on and princi- 
pal of all bonds theretofore issued and outstanding or 
authorized to be issued and outstanding, payable in the 
next succeeding year. 

Sec. 6. And be it further ordained, That this ordinance 
shall be submitted to the legal voters of the City of Balti- 
more, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 2nd 
day of November, 1976. 

Sec. 7. And be it further ordained, That prior to the 
date of the election hereinbefore mentioned, notice shall 
be given to the public of the amount of money which the 
Mayor and City Council of Baltimore is authorized to bor- 
row, and the general purposes for which such borrowed 
fund* may be expended, under the terms and provisions 
of this ordinance, and the time when the election herein- 
before mentioned is to be held; and such public notice 
shall be given in such manner and by such means or 
through such media and at such time or times as may be 



ORDINANCES 423 

determined, from time to time, by a majority of the Com- 
missioners of Finance. 

Sec. 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this ordinance, not ex- 
ceeding the par value thereof, shall be used exclusively for 
the following purposes, to wit : 

(a) So much thereof as may be necessary, in addition to 
the premiums realized from the sale, if any, for the cost 
of issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental ex- 
penses connected therewith ; and 

(b) The remainder of such proceeds to be used to make 
or contract to make financial loans to any person or other 
legal entity to be used for or in connection with the pur- 
chase, acquisition, construction, reconstruction, erection, 
development, redevelopment, rehabilitation, renovation, 
modernization or improvement of buildings or structures, 
including any land necessary therefor, within the bound- 
aries of Baltimore City, which buildings or structures are 
to be used or occupied for industrial purposes; to guaran- 
tee or insure financial loans by third parties to any person 
or other legal entity which are to be used for or in con- 
nection with the purchase, acquisition, construction, re- 
construction, erection, development, redevelopment, reha- 
bilitation, renovation, modernization or improvement of 
buildings or structures, including any land necessary 
therefor, within the boundaries of Baltimore City, which 
buildings or structures are to be used or occupied for in- 
dustrial purposes; and for doing any and all things neces- 
sary, proper or expedient in connection with or pertaining 
to any or all of the matters or things hereinbefore men- 
tioned. 

Sec. 9. And be it further ordained, That no part of the 
proceeds of sale of the bonds hereby authorized to be is- 
sued shall be expended until after the Commissioners of 
Finance have determined, based upon such data as said 
Commissioners of Finance shall require to be submitted to 
them to enable them to make such determination, that any 
financial loans made, guaranteed or insured from such 
proceeds, shall, in fact, be self-supporting. 



424 ORDINANCES Ord. No. 74 

Sec. 10. And be it further ordained, That the expendi- 
ture of the proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this ordi- 
nance shall be in accordance with the provisions of the 
Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordi- 
nance of Estimates of the Mayor and City Council of Bal- 
timore. 

Sec. 11. And be it further ordained, That the power and 
authority vested in the Mayor and City Council of Balti- 
more under the terms and provisions of this ordinance 
shall become operative upon the adoption of the Amend- 
ment to the Constitution of Maryland proposed by Chapter 
553 of the Laws of Maryland of 1976 by the qualified voters 
of the State of Maryland at the General Election to be held 
on Tuesday, the 2nd day of November, 1976. 

Approved June 16, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 74 
(Council No. 308) 

An Ordinance to authorize the Mayor and City Council of 
Baltimore (pursuant to Chapter 467 of the Acts of the 
General Assembly of Maryland of 1975), to issue its cer- 
tificates of indebtedness to an amount not exceeding 
Five Million Seven Hundred Fifty Thousand Dollars 
($5,750,000.00), the proceeds derived from the sale of 
the certificates of indebtedness, not exceeding Five Mil- 
lion Dollars ($5,000,000.00) (less so much thereof as 
may be necessary to pay for the cost of issuing said cer- 
tificates of indebtedness), to be used for the acquisition 
by purchase, lease, condemnation or any other legal 
means, of land or property, or any rights or interests 
therein, in the City of Baltimore, and for developing, 
establishing, constructing, erecting, altering, expand- 
ing, enlarging, improving and equipping buildings, 



ORDINANCES 425 

structures and other facilities on, under or in said land 
or property, or on, under or in any land or property that 
is now or hereafter may be owned or otherwise held or 
controlled by the Mayor and City Council of Baltimore, 
or on, under or in any land or property owned or other- 
wise held or controlled by any private, public or quasi- 
public corporation, partnership, association, person or 
other legal entity, for storing, parking and servicing 
self-propelled vehicles, and for the payment of any and 
all necessary or proper costs and expenses connected 
with, or incident to doing any and all of the aforegoing 
acts or things, provided, however, that no part of such 
proceeds shall be used to pay costs not directly related 
to and required for the acquisition, construction or com- 
pletion of a specific physical improvement and the initial 
equipping thereof; it being the intent of this provision 
to limit the use of such proceeds to capital expenditures 
and to prohibit their use for current expenses of the 
city ; and such proceeds may be used for any or all of the 
matters or things hereinbefore mentioned in connection 
with an underground structure or facility for storing, 
parking and servicing self-propelled vehicles (herein- 
after called "parking facility") where another building, 
structure or facility (hereafter called "additional struc- 
ture") is to be or may be established, constructed or 
erected in whole or in part above, under, in connection 
with or adjacent to a parking facility, provided that 
none of such proceeds shall be used for or in connection 
with the construction or erection of such additional 
structure, or any part thereof, or for strengthening or 
adding to a parking facility in any manner necessitated 
by or in connection with the construction or erection of 
such additional structure; provided, no petroleum prod- 
ucts shall be sold or offered for sale at any entrance to, 
or exit from, any land so acquired or at any entrance to, 
or exit from, any structure erected thereon, when any 
entrance to, or exit from, any such land or structure 
faces a street or highway which is more than 25 feet 
wide from curb to curb; provided that no part of said 
portion of the said proceeds of sale of the bonds hereby 
authorized to be issued shall be expended until after the 
Commissioners of Finance have determined, based upon 



426 ORDINANCES Ord. No. 74 

such data as said Commissioners of Finance shall re- 
quire to be submitted to them to enable them to make 
such determination, that any buildings, structures or 
other facilities developed, established, constructed, 
erected, altered, expanded, enlarged, improved and 
equipped for storing, parking and servicing self-pro- 
pelled vehicles from such proceeds, shall, in fact be self- 
supporting; and the proceeds derived from the sale of 
the certificates of indebtedness, not exceeding Seven Hun- 
dred Fifty Thousand Dollars (§750,000.00), (less so much 
thereof as may be necessary to pay for the cost of issuing 
said certificates of indebtedness) to be used for the ac- 
quisition, by purchase, lease, condemnation or any other 
legal means, of land or property, or any rights or inter- 
ests therein, in the City of Baltimore, and for developing, 
establishing, constructing, erecting, altering, expand- 
ing, enlarging, improving and equipping buildings, 
structures and other facilities on, under or in said land 
or property, or on, under or in any land or property that 
is now or hereafter may be owned or otherwise held or 
controlled by the Mayor and City Council of Baltimore, 
for storing, parking and servicing self-propelled vehi- 
cles, and for the payment of any and all necessary and 
proper costs and expenses connected with, or incident 
to doing any and all of the aforegoing acts or things; 
provided, however, that no part of such proceeds shall be 
used to pay costs not directly related to and required for 
the acquisition, construction or completion of a specific 
physical improvement and the initial equipping thereof; 
it being the intent of this provision to limit the use of 
such proceeds to capital expenditures and to prohibit 
their use for current expenses of the city; provided, that 
no petroleum products shall be sold or offered for sale at 
any entrance to, or exit from, any land so acquired or at 
any entrance to, or exit from, any structure erected 
thereon, when any entrance to, or exit from, any such 
land or structure faces a street or highway which is 
more than 25 feet wide from curb to curb ; to confer and 
impose upon the Commissioners of Finance and the Off- 
Street Parking Commission of Baltimore City certain 
powers and duties; to provide certain conditions which 
must be complied with before the proceeds of sale of said 



ORDINANCES 427 

certificates of indebtedness may be expended ; to author- 
ize the submission of this ordinance to the legal voters 
of the City of Baltimore, for their approval or disap- 
proval, at the General Election to be held in Baltimore 
City on the 2nd day of November, 1976, and providing 
for the expenditure of the proceeds of sale of said cer- 
tificates of indebtedness in accordance with the provisions 
of the Charter of the Mayor and City Council of Bal- 
timore. 

Whereas, by Chapter 467 of the Acts of the General 
Assembly of Maryland of 1975, the Mayor and City Council 
of Baltimore is authorized to create a debt, and to issue and 
sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 
Five Million Seven Hundred Fifty Thousand Dollars 
(S5, 750, 000. 00) in the manner and upon the terms set 
forth in said Act, the net proceeds derived from the sale 
of said bonds, not exceeding the par value of said bonds, 
to be used for the establishment of facilities for storing, 
parking and servicing self-propelled vehicles, as authorized 
by said Act ; and 

Whereas, Funds are now needed for said purpose, 
therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 
more, acting by and through the Commissioners of Finance 
of said municipality, be and it is hereby authorized and 
empowered to issue bonds of the Mayor and City Council 
of Baltimore, to an amount not exceeding Five Million 
Seven Hundred Fifty Thousand Dollars ($5,750,000.00), 
from time to time, as the same may be needed or required 
for the purposes hereinafter named and said bonds shall 
be sold by said Commissioners of Finance from time to 
time and at such times as shall be requisite, and the pro- 
ceeds derived from the sale of said bonds shall be used for 
the purposes hereinafter named, provided that this ordi- 
nance shall not become effective unless it shall be approved 
by a majority of the votes of the legal voters of Baltimore 
City cast at the time and place hereinafter designated by 
this ordinance. 



428 ORDINANCES Ord. No. 74 

Sec. 2. And be it further ordained, That : 

(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may 
be in sums of One Thousand Dollars ($1,000.00), or any 
suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as to 
discharged the entire principal amount represented thereby 
within not more than forty (40) years from the date of 
their issuance; provided, however, that it shall not be nec- 
essary to provide for the maturity of any part of the prin- 
cipal amount represented by any of said bonds for the first 
five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such 
rate or rates as may be determined by a majority of the 
Commissioners of Finance by resolution at such time or 
times when any of said bonds are issued, and such interest 
shall be payable semi-annually. 

Sec. 3. And be it further ordained, That a majority of 
the Commissioners of Finance of the Mayor and City 
Council of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following : 

(a) The amount of debt to be incurred by the Mayor 
and City Council of Baltimore at any particular time, and 
from time to time, under and pursuant to the provisions of 
this ordinance; the date or dates when any bonds repre- 
senting said debt, or any part thereof, are to mature, and 
the amount or amounts of said debt, or any part thereof, 
which shall mature upon the aforesaid date or dates; and 
the semi-annual dates in each year, during the entire pe- 
riod of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable. 

(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under 
the provisions of this ordinance at any particular time, 
including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds; the 
provisions, if any, for the issuance of fully registered 



ORDINANCES 429 

bonds; the provisions, if any, for the registration as to 
principal of any coupon bonds; and the provisions, if any, 
for the conversion and reconversion into coupon bonds of 
any fully registered bonds or coupon bonds registered as 
to principal; the place or places for the payment of prin- 
cipal and interest of said bonds ; and the date of said bonds 
issued at any particular time, and the right of redemption 
of said bonds by the City prior to maturity ; and 

(c) The time, place, manner and medium of advertise- 
ment of the readiness of the Commissioners of Finance, 
acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds 
authorized to be issued hereunder, or any part thereof; the 
form, terms and conditions of such bids; the time, place 
and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this ordi- 
nance are offered for sale and sold at the same time as 
other bonds of said Corporation, to establish the conditions 
for bids and awards and to award all of said bonds on an all 
or none basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

Sec. 4. And be it further ordained, That : 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 
ordinance shall be applied first to defray the cost of issu- 
ance thereof and the balance, if any, shall be applied to the 
payment of interest on any of said bonds becoming due and 
payable during the fiscal year in which said bonds are 
issued and sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable 
thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provi- 
sions of this ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due 
notice of such sale, but the Mayor and City Council of Bal- 
timore, acting by and through the Commissioners of 



430 ORDINANCES Ord. No. 74 

Finance thereof, shall have the right to reject any or all 
bids therefor for any reason, and thereafter reoffer such 
bonds at public sale as aforesaid or at private sale, pro- 
vided that if such bonds be offered at private sale, they shall 
be offered for sale and sold for not less than par and 
accrued interest. 

Sec. 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this ordinance have been paid in full, the 
Mayor and City Council of Baltimore shall levy and im- 
pose an annual tax on each One Hundred Dollars ($100.00) 
of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and 
principal of all bonds theretofore issued and outstanding or 
authorized to be issued and outstanding, payable in the next 
succeeding year. 

Sec. 6. And be it further ordained, That this ordinance 
shall be submitted to the legal voters of the City of Balti- 
more, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, November 
2nd, 1976. 

Sec. 7. And be it further ordained, That prior to the 
date of the election hereinbefore mentioned, notice shall 
be given to the public of the amount of money which the 
Mayor and City Council of Baltimore is authorized to bor- 
row, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions 
of this ordinance, and the time when the election herein- 
before mentioned is to be held ; and such public notice shall 
be given in such manner and by such means or through 
such media and at such time or times as may be deter- 
mined, from time to time, by a majority of the Commis- 
sioners of Finance. 

Sec. 8. And he it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this ordinance, not ex- 
ceeding the par value thereof, shall be used exclusively for 
the following purposes, to wit : 



ORDINANCES 431 

(a) Five Million Dollars ($5,000,000.00) of such pro- 
ceeds (less so much thereof as may be necessary, in addi- 
tion to the premiums realized from the sale, if any, for the 
cost of issuance, including the expense of engraving, print- 
ing, advertising, attorneys' fees, and all other incidental 
expenses connected therewith) shall be used for the acqui- 
sition by purchase, lease, condemnation or any other legal 
means, of land or property, or any rights or interests 
therein, in the City of Baltimore, and for developing, es- 
tablishing, constructing, erecting, altering, expanding, en- 
larging, improving and equipping buildings, structures 
and other facilities on, under or in said land or property, 
or on, under or in any land or property that is now or here- 
after may be owned or otherwise held or controlled by the 
Mayor and City Council of Baltimore, or on, under or in 
any land or property owned or otherwise held or con- 
trolled by any private, public or quasi-public corporation, 
partnership, association, person or other legal entity, for 
storing parking and servicing self-propelled vehicles, and 
for the payment of any and all necessary or proper costs 
and expenses connected with, or incident to doing any and 
all of the aforegoing acts or things; provided, however, 
that no part of such proceeds shall be used to pay costs 
not directly related to and required for the acquisition, 
construction or completion of a specific physical improve- 
ment and the initial equipping thereof; it being the intent 
of this provision to limit the use of such proceeds to capital 
expenditures and to prohibit their use for current expenses 
of the city; and such proceeds may be used for any or all 
of the matters or things hereinbefore mentioned in con- 
nection with an underground structure or facility for 
storing, parking and servicing self-propelled vehicles 
(hereinafter called "Parking Facility") where another build- 
ing, structure or facility (hereafter called " Additional 
Structure") is to be or may be established, constructed or 
erected in whole or in part above, under, or in connection 
with, or adjacent to a parking facility, provided that none 
of such proceeds shall be used for, or in connection with, 
the construction, or erection of such additional structure, 
or any part thereof, or for strengthening or adding to a 
parking facility in any manner necessitated by, or in con- 
nection with, the construction or erection of such additional 
structure; provided, no petroleum products shall be sold or 



432 ORDINANCES Ord. No. 74 

offered for sale at any entrance to, or exit from, any land 
so acquired or at any entrance to, or exit from any struc- 
ture erected thereon, when any entrance to, or exit from, 
any such land or structure faces a street or highway which 
is more than 25 feet wide from curb to curb. 

Provided that no part of said portion of the proceeds of 
sale of the bonds hereby authorized to be issued shall be 
expended until after the Commissioners of Finance have 
determined, based upon such data as said Commissioners 
of Finance shall require to be submitted to them to enable 
them to make such determination, that any buildings, 
structures or other facilities developed, established, con- 
structed, erected, altered, expanded, enlarged, improved 
and equipped for storing, parking and servicing self- 
propelled vehicles from such proceeds, shall, in fact, be 
self-supporting; and 

(b) Seven Hundred Fifty Thousand Dollars ($750,- 
000.00) of such proceeds (less so much thereof as may be 
necessary, in addition to the premiums realized from the 
sale, if any, for the cost of issuance, including the expense 
of engraving, printing, advertising, attorneys' fees, and all 
other incidental expenses connected therewith), shall be 
used for the acquisition, by purchase, lease, condemnation 
or any other legal means, of land or property, or any rights 
or interests therein, in the City of Baltimore, and for de- 
veloping, establishing, constructing, erecting, altering, ex- 
panding, enlarging, improving and equipping buildings, 
structures and other facilities on, under, or in said land or 
property, or on, under, or in any land or property that is 
now or hereafter may be owned or otherwise held or con- 
trolled by the Mayor and City Council of Baltimore, for 
storing, parking and servicing self-propelled vehicles, and 
for the payment of any and all necessary and proper costs 
and expenses connected with, or incident to doing any and 
all of the aforegoing acts or things; provided, however, 
that no part of such proceeds shall be used to pay costs not 
directly related to and required for the acquisition, con- 
struction or completion of a specific physical improvement 
and the initial equipping thereof; it being the intent of 
this provision to Limit the use of such proceeds to capital 
expenditures and to prohibit their use for current expenses 
of the City; provided, that no petroleum products shall be 



ORDINANCES 433 

sold or offered for sale at any entrance to, or exit from, 
any land so acquired or at any entrance to, or exit from, 
any structure erected thereon, when any entrance to, or 
exit from, any such land or structure faces a street or high- 
way which is more than 25 feet wide from curb to curb. 

Sec. 9. And be it further ordained, That the sum of Five 
Million Dollars ($5,000,000.00) derived from the sale of the 
bonds authorized to be issued under the provisions of this 
ordinance and designated in Section 8(a) hereof (less the 
cost of issuance of said bonds as aforesaid) shall be sub- 
ject to, and expended in accordance with, the following 
provisions : 

(a) No part of the proceeds of sale of the bonds hereby 
authorized to be issued shall be expended until after the 
Off-Street Parking Commission of Baltimore City has sub- 
mitted its written recommendation, which shall set forth 
the purposes for, and the terms and conditions upon, which 
each particular sum of money is to be expended, to the 
Board of Estimates of the Mayor and City Council of Bal- 
timore and such recommendation has been approved by 
said Board of Estimates. 

(b) In addition, no part of the proceeds of sale of the 
bonds hereby authorized to be issued shall be expended for 
actually constructing, erecting, altering, expanding, en- 
larging, improving or equipping any building, structure or 
facility on, under or in any land or property, owned 
or otherwise held or controlled by any private, public or 
quasi-public corporation, partnership, association, person 
or other legal entity, for storing, parking and servicing 
self-propelled vehicles (as distinguished from funds which 
are necessary to be expended in connection with the acqui- 
sition of land or property or the preparation of plans or 
other matters or things which are usually and generally 
preliminary to the commencement of actual construction 
work) until after the municipal corporation, with the ap- 
proval of its Board of Estimates, shall have entered into 
a binding contract with any such private, public or quasi- 
public corporation, partnership, association, person or 
other legal entity secured to the satisfaction of the said 
Board of Estimates, under the terms of which the Mayor 
and City Council of Baltimore will be reimbursed for at 



434 ORDINANCES Ord. No. 74 

least all expenditures of money made by it in connection 
with the particular project involved, and for all interest 
charges paid or to be paid by the Mayor and City Council 
of Baltimore on all funds borrowed by it and expended in 
connection with the particular project involved, and for all 
estimated real estate taxes that the Mayor and City Coun- 
cil of Baltimore will lose as a result of its acquiring any 
land or property involved in the particular project. Any 
such contract, after it has been executed on behalf of the 
Mayor and City Council of Baltimore City by the Mayor of 
Baltimore City and the corporate seal of the municipality 
affixed thereto duly attested by the Treasurer of the munici- 
pality and approved by the said Board of Estimates, shall 
constitute a legal and binding obligation of the Mayor and 
City Council of Baltimore. 

(c) In case any land or property now or hereafter 
owned by the Mayor and City Council of Baltimore is sold 
by it to any legal entity for the purpose of establishing 
and constructing on, under or in said land or property any 
structure or facility contemplated by the provisions of this 
ordinance, then the purchaser of said land or property 
shall pay to the municipality at least an amount of money 
equal to the full appraised value of said land or property, 
and in case any such land or property is leased by the mu- 
nicipality to any legal entity for any of the purposes here- 
inbefore mentioned, then the lessee shall pay annually to 
the municipality an amount of money equal to the reason- 
able rental value of said land or property. In the event 
any such land or property is sold by the municipality as 
aforesaid and such land or property is then reconveyed 
back to the municipality as security for any loan made by 
the municipality to the purchaser under the provisions of 
this ordinance, then such purchaser shall pay annually to 
the municipality in lieu of taxes a tax equivalent charge 
on such land or property on the basis of the then prevailing 
tax assessment on the land and improvements and calcu- 
lated at the City and State tax rates then in effect, in 
accordance with the policy of the Board of Estimates of 
the municipality. All payments made in lieu of taxes shall 
be made when real estate taxes of the municipality ordi- 
narily become due and payable. 

(d) That the expenditure of the proceeds derived from 
the sale of the bonds authorized to be issued under the 



ORDINANCES 435 

provisions of this ordinance and designated in Section 8 
(a) hereof and in this Section 9 shall be in accordance 
with the provisions of the Charter of the Mayor and City 
Council of Baltimore. 

Sec. 10. And be it further ordained, That the sum of 
Seven Hundred Fifty Thousand Dollars ($750,000.00) de- 
rived from the sale of the bonds authorized to be issued 
under the provisions of this ordinance and designated in 
Section 8(b) hereof (less the cost of issuance of said bonds 
as aforesaid) shall be subject to, and expended in accord- 
ance with, the following provisions : 

(a) No part of the proceeds of sale of said bonds shall 
be expended until after the Off-Street Parking Commission 
of Baltimore City has submitted its written recommenda- 
tions, which shall set forth the purposes for, and the terms 
and conditions upon, which each particular sum of money 
is to be expended, to the Board of Estimates of the Mayor 
and City Council of Baltimore and such recommendations 
have been approved by the Board of Estimates. 

(b) That the expenditure of the proceeds derived from 
the sale of the bonds authorized to be issued under the pro- 
visions of this ordinance and designated in Section 8(b) 
hereof and in this Section 10 shall be in accordance with 
the provisions of the Charter of the Mayor and City Coun- 
cil of Baltimore, and by the municipal agency designated 
in the annual Ordinance of Estimates of the Mayor and 
City Council of Baltimore. 

(c) In the event the Board of Estimates of the Mayor 
and City Council of Baltimore at any time determines for 
any reason that all or any portion of the proceeds derived 
from the sale of said bonds and designated in Section 8(b) 
hereof and in this Section 10 is not to be used for the 
purposes set forth in Section 8(b) hereof, then, and in such 
case, such proceeds may be used for the purposes set forth 
in Section 8(a) hereof, subject to, and in accordance with, 
the provisions of Section 9 hereof. 

Approved June 16, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



436 ORDINANCES Ord. No. 75 

No. 75 
(Council No. 309) 

An Ordinance to authorize the Mayor and City Council of 
Baltimore (Pursuant to Chapter 140 of the Acts of the 
General Assembly of Maryland of 1976), to issue and sell 
its certificates of indebtedness to an amount not exceed- 
ing Four Million Dollars ($4,000,000.00), the proceeds 
derived from the sale of the same to be used for the cost 
of issuance, including the expense of engraving, print- 
ing, advertising, attorneys' fees, and other incidental 
expenses connected therewith, and the remainder of such 
proceeds shall be used for the purpose of enlarging, ex- 
tending, altering, modernizing, and improving the sani- 
tary sewerage and storm water drainage systems of 
Baltimore City, including, but not limited to, the con- 
struction of additional sewage disposal plants, pumping 
stations and other appurtenances, the alteration, en- 
largement, modernization and improvement of existing 
sewage disposal plants, pumping stations and other ap- 
purtenances, and the acquisition by purchase or con- 
demnation of any and all sanitary and storm water 
sewers, sewage disposal plants, pumping stations and 
other appurtenances, as well as of any and all land and 
property, and of any right, interest, franchise, easement 
or privilege therein, as may be necessary for any or all 
of the above mentioned purposes, and doing any and all 
things necessary, proper or expedient in connection with 
or pertaining to any or all of the matters or things 
hereinbefore mentioned; and any or all of said work or 
acquisition of property may be done either within or 
outside of the boundary lines of Baltimore City; provid- 
ing, however, that no part of such proceeds shall be used 
to pay costs not directly related to and required for the 
acquisition, construction or completion of a specific 
physical improvement and the initial equipping thereof; 
it being the intent of this provision to limit the use of 
such proceeds to capital expenditures and to prohibit 
their use for current expenses of the city; conferring 
and imposing upon the Commissioners of Finance of 
Baltimore City certain powers and duties; authorizing 
the submission of this ordinance to the legal voters of 
the City of Baltimore, for their approval or disapproval, 



ORDINANCES 437 

at the General Election to be held in Baltimore City on 
Tuesday, the 2nd day of November, 1976 ; and providing 
for the expenditure of the proceeds of sale of said cer- 
tificates of indebtedness in accordance with the provi- 
sions of the Charter of the Mayor and City Council of 
Baltimore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Whereas, by Chapter 140 of the Acts of the General 
Assembly of Maryland of 1976, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue and 
sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 
Four Million Dollars ($4,000,000.00) in the manner and 
upon the terms as set forth in said Act, the net proceeds 
derived from the sale of said bonds, not exceeding the par 
value of said bonds, to be used for and in connection with 
the sanitary sewerage and storm water drainage system 
of Baltimore City as authorized by said Act; and 

Whereas, Funds are now needed and necessary for the 
purposes of said Act ; therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 
more, acting by and through the Commissioners of Finance 
of said municipality, be and it is hereby authorized and 
empowered to issue bonds of the Mayor and City Council of 
Baltimore to an amount not exceeding Four Million Dol- 
lars ($4,000,000.00), from time to time, as the same may 
be needed or required for the purposes hereinafter named 
and said bonds shall be sold by said Commissioners of Fi- 
nance from time to time and at such times as shall be 
requisite, and the proceeds derived from the said bonds 
shall be used for the purposes hereinafter named, provided 
that this ordinance shall not become effective unless it shall 
be approved by the majority of the votes of the legal voters 
of Baltimore City cast at the time and place hereinafter 
designated by this ordinance. 

Sec. 2. And be it further ordained, That said bonds shall 
be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One 



438 ORDINANCES Ord. No. 75 

Thousand Dollars ($1,000.00) or any suitable multiple 
thereof, to be redeemable in Twenty (20) yearly series on 
the fifteenth day of October, in each of the years and in the 
amounts as set forth in the following schedule : 

Amount in Each 
Each of the Years of the Years 

1980 through 1999, 

both inclusive $200,000.00 

said bonds, when issued, shall bear interest at such rate 
or rates as may be determined by a majority of the Com- 
missioners of Finance by resolution at such time or times 
when any of said bonds are issued, the interest to be pay- 
able semi-annually on the fifteenth day of April and the 
fifteenth day of October, in each year after issuance, dur- 
ing the respective periods that the series in which said 
bonds are issued may run. 

Sec. 3. And be it further ordained, That a majority of 
the Commissioners of Finance of the Mayor and City 
Council of Baltimore be, and they are hereby, authorized to 
pass a resolution or resolutions, from time to time, to de- 
termine and set forth any or all of the following : 

(a) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under 
the provisions of this ordinance at any particular time, 
including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds; the 
provisions, if any, for the issuance of fully registered bonds ; 
the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the 
conversion and reconversion into coupon bonds of any fully 
registered bonds or coupon bonds registered as to princi- 
pal ; the place or places for the payment of principal and 
interest of said bonds issued at any particular time; and 
the right of redemption of said bonds by the City prior to 
maturity; and 

(b) The time, place, manner and medium of advertise- 
ment of the readiness of the Commissioners of Finance, 
acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds au- 



ORDINANCES 439 

thorized to be issued hereunder, or any part thereof; the 
form, terms and conditions of such bids; the time, place 
and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this ordi- 
nance are oif ered for sale and sold at the same time as other 
bonds of said corporation, to establish the conditions for 
bids and awards and to award all of said bonds on an all 
or none basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

Sec. 4. And be it further ordained, That : 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 
ordinance shall be applied first to defray the cost of issu- 
ance thereof and the balance, if any, shall be applied to 
the payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds 
are issued and sold or during the next succeeding fiscal 
year. 

(b) The debt authorized by the provisions of this ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable 
thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provi- 
sions of this ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due 
notice of such sale, but the Mayor and City Council of Balti- 
more, acting by and through the Commissioners of Fi- 
nance thereof, shall have the right to reject any or all bids 
therefor for any reason, and thereafter reoffer such bonds 
at public sale as aforesaid or at private sale, provided that 
if such bonds be offered at private sale they shall be offered 
for sale and sold for not less than par and accrued interest. 

Sec. 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this ordinance have been paid in full the 
Mayor and City Council of Baltimore shall levy and impose 
an annual tax on each One Hundred Dollars ($100.00) of 



440 ORDINANCES Ord. No. 75 

assessable property in the City of Baltimore at a rate suffi- 
cient to produce revenue to pay all interest on and princi- 
pal of all bonds theretofore issued and outstanding or 
authorized to be issued and outstanding, payable in the next 
succeeding year. 

Sec. 6. And be it further ordained, That this ordinance 
shall be submitted to the legal voters of the City of Balti- 
more, for their approval or disapproval at the General 
Election to be held in Baltimore City, on Tuesday, the 2nd 
day of November, 1976. 

Sec. 7. And be it further ordained, That prior to the 
date of the election hereinbefore mentioned, notice shall be 
given to the public of the amount of money which the 
Mayor and City Council of Baltimore is authorized to bor- 
row, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of 
this ordinance, and the time when the election hereinbe- 
fore mentioned is to be held; and such public notice shall 
be given in such manner and by such means or through 
such media and at such time or times as may be deter- 
mined, from time to time, by a majority of the Commis- 
sioners of Finance. 

Sec. 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this ordinance, not ex- 
ceeding the par value thereof, shall be used exclusively for 
the following purposes, to wit : 

(a) So much thereof as may be necessary in addition 
to the premiums realized from the sale, if any, for the cost 
of issuance, including the expense of engraving, printing, 
advertising, attorneys' fees and all other incidental ex- 
penses connected therewith ; and 

(b) The remainder of such proceeds shall be used for 
the purpose of enlarging, extending, altering, modernizing, 
and improving the sanitary sewerage and storm water 
drainage systems of Baltimore City, including, but not 
limited to, the construction of additional sewage disposal 
plants, pumping stations and other appurtenances, the al- 
teration, enlargement, modernization and improvement of 
existing sewage disposal plants, pumping stations and 



ORDINANCES 441 

other appurtenances, and the acquisition by purchase or 
condemnation of any and all sanitary and storm water 
sewers, sewage disposal plants, pumping stations and other 
appurtenances, as well as of any and all land and property, 
and of any right, interest, franchise, easement or privilege 
therein, as may be necessary for any or all of the above 
mentioned purposes, and doing any and all things neces- 
sary, proper or expedient in connection with or pertaining 
to any or all of the matters or things hereinbefore men- 
tioned, and any or all of said work or acquisition of prop- 
erty may be done either within or outside of the boundary 
lines of Baltimore City ; providing, however, that no part of 
such proceeds shall be used to pay costs not directly related 
to and required for the acquisition, construction or com- 
pletion of a specific physical improvement and the initial 
equipping thereof; it being the intent of this provision to 
limit the use of such proceeds to capital expenditures and 
to prohibit their use for current expenses of the City. 

Sec. 9. And be it further ordained, That the expenditure 
of the proceeds derived from the sale of the bonds author- 
ized to be issued under the provisions of this ordinance 
shall be in accordance with the provisions of the Charter 
of the Mayor and City Council of Baltimore, and by the 
municipal agency designated by the annual Ordinance of 
Estimates of the Mayor and City Council of Baltimore. 

Approved June 16, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 76 
(Council No. 310) 

An Ordinance to authorize the Mayor and City Council of 
Baltimore (pursuant to Chapter 209 of the Acts of the 
General Assembly of Maryland of 1976), to issue and sell 
its certificates of indebtedness to an amount not exceed- 
ing One Million Dollars ($1,000,000.00), the proceeds 
derived from the sale of the same to be used for the cost 
of issuance, including the expense of engraving, print- 



442 ORDINANCES Ord. No. 76 

ing, advertising, attorneys' fees, and all other incidental 
expenses connected therewith, and the remainder of such 
proceeds shall be used for the purpose of extending, im- 
proving and modernizing the lighting system used for 
the illumination of the highways, streets, alleys and 
other public ways in the City of Baltimore, including, 
but not limited to, the conversion of ornamental incan- 
descent residential street lighting units and facilities to 
other units and facilities, and the acquisition, installa- 
tion and erection of any and all materials, equipment, 
lighting units, structures and facilities needed to prop- 
erly illuminate the aforementioned public ways, and for 
doing any and all things necessary, proper or expedient 
in connection with or pertaining to any or all of the 
matters or things herein mentioned; provided, however, 
that no part of such proceeds shall be used to pay costs 
not directly related to and required for the acquisition, 
construction or completion of a specific physical im- 
provement and the initial equipping thereof; it being 
the intent of this provision to limit the use of such pro- 
ceeds to capital expenditures and to prohibit their use 
for current expenses of the city; to confer and impose 
upon the Commissioners of Finance of Baltimore City 
certain powers and duties; to authorize the submission 
of this ordinance to the legal voters of the City of Balti- 
more, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 2nd 
day of November, 1976, and providing for the expendi- 
ture of the proceeds of sale of said certificates of indebt- 
edness in accordance with the provisions of the Charter 
of the Mayor and City Council of Baltimore, and by the 
municipal agency designated in the annual Ordinance of 
Estimates of the Mayor and City Council of Baltimore. 

Whereas, by Chapter 209 of the Acts of the General 
Assembly of Maryland of 1976 the Mayor and City Council 
of Baltimore is authorized to create a debt, and to issue 
and sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, in an amount not exceeding 
One Million Dollars ($1,000,000.00) in the manner and upon 
the terms set forth in said Act, the net cash proceeds 
derived from the sale of said bonds, not exceeding the par 
value of said bonds, to be used for extending, improving 
and modernizing the lighting system used for the illumi- 



ORDINANCES 443 

nation of public ways in the City of Baltimore, as author- 
ized by said Act; and 

Whereas, Funds are now needed and necessary for the 
purposes mentioned in said Act ; therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 
more, acting by and through the Commissioners of Fi- 
nance of said municipality, be and it is hereby authorized 
and empowered to issue bonds of the Mayor and City 
Council of Baltimore to an amount not exceeding One Mil- 
lion Dollars ($1,000,000.00) from time to time, as the same 
may be needed or required for the purposes hereinafter 
named and said bonds shall be sold by said Commissioners 
of Finance from time to time and at such times as shall be 
requisite, and the proceeds derived from the sale of said 
bonds shall be used for the purposes hereinafter named, 
provided that this ordinance shall not become effective 
unless it shall be approved by a majority of the votes of 
the legal voters of Baltimore City cast at the time and place 
hereinafter designated by this ordinance. 

Sec. 2. And be it further ordained, That said bonds shall 
be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One 
Thousand Dollars ($1,000.00), or any suitable multiple 
thereof, to be redeemable in Ten (10) yearly series on 
the Fifteenth day of October in each of the years and in the 
amounts set forth in the following schedule : 

Amount in Each 
Each of the Years of the Years 

1980 through 1989, 

both inclusive $100,000.00 

said bonds, when issued, shall bear interest at such rate 
or rates as may be determined by a majority of the Com- 
missioners of Finance by resolution at such time or times 
when any of said bonds are issued, the interest to be pay- 
able semi-annually on the Fifteenth day of April and the 
Fifteenth day of October, in each year after issuance, dur- 
ing the respective periods that the series in which said 
bonds are issued may run. 



444 ORDINANCES Ord. No. 76 

Sec. 3. And be it further ordained, That a majority of 
the Commissioners of Finance of the Mayor and City 
Council of Baltimore be, and they are hereby, authorized to 
pass a resolution or resolutions, from time to time, to de- 
termine and set forth any or all of the following : 

(a) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under 
the provisions of this ordinance at any particular time, 
including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds; the 
provisions, if any, for the issuance of fully registered bonds ; 
the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the 
conversion and reconversion into coupon bonds of any fully 
registered bonds or coupon bonds registered as to princi- 
pal; the place or places for the payment of principal and 
interest of said bonds ; and the date of said bonds issued at 
any particular time; and the right of redemption of said 
bonds by the City prior to maturity ; and 

(b) The time, place, manner and medium of advertise- 
ment of the readiness of the Commissioners of Finance, 
acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of bonds au- 
thorized to be issued hereunder, or any part thereof; the 
form, terms and conditions of such bids; the time, place 
and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this ordi- 
nance are offered for sale and sold at the same time as other 
bonds of said corporation, to establish the conditions for 
bids and awards and to award all of said bonds on an all 
or none basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

SEC. 4. And be it further ordained, That : 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 
ordinance shall be applied first to defray the cost of issu- 
ance thereof and the balance, if any, shall be applied to 
the payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds 
are issued and sold or during the next succeeding fiscal 
year. 



ORDINANCES 445 

(b) The debt authorized by the provisions of this ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable 
thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provi- 
sions of this ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due 
notice of such sale, but the Mayor and City Council of Balti- 
more, acting by and through the Commissioners of Fi- 
nance thereof, shall have the right to reject any or all bids 
therefor for any reason, and thereafter reoffer such bonds 
at public sale as aforesaid or at private sale, provided that 
if such bonds be offered at private sale they shall be offered 
for sale and sold for not less than par and accrued interest. 

Sec. 5. And be it further ordained, That until all the 
interest on and principal of any bonds issued pursuant to 
the provisions of this ordinance have been paid in full, the 
Mayor and City Council of Baltimore shall levy and impose 
an annual tax on each One Hundred Dollars ($100.00) of 
assessable property in the City of Baltimore at a rate suffi- 
cient to produce revenue to pay all interest on and princi- 
pal of all bonds theretofore issued and outstanding or 
authorized to be issued and outstanding, payable in the next 
succeeding year. 

Sec. 6. And be it further ordained, That this ordinance 
shall be submitted to the legal voters of the City of Balti- 
more, for their approval or disapproval, at the General 
Election to be held in Baltimore City, on Tuesday, the 2nd 
day of November, 1976. 

Sec. 7. And be it further ordained, That prior to the 
date of the election hereinbefore mentioned, notice shall be 
given to the public of the amount of money which the 
Mayor and City Council of Baltimore is authorized to bor- 
row, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of 
this ordinance, and the time when the election hereinbe- 
fore mentioned is to be held; and such public notice shall 
be given in such manner and by such means or through 



446 ORDINANCES Ord. No. 76 

such media and at such time or times as may be deter- 
mined, from time to time, by a majority of the Commis- 
sioners of Finance. 

Sec. 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this ordinance, not ex- 
ceeding the par value thereof, shall be used exclusively for 
the following purposes, to wit: 

(a) So much thereof as may be necessary, in addition 
to the premiums realized from the sale, if any, for the cost 
of issuance, including the expenses of engraving, printing, 
advertising, attorneys' fees, and all other incidental ex- 
penses connected therewith ; and 

(b) The remainder of such proceeds shall be used for 
the purpose of extending, improving and modernizing the 
lighting system used for the illumination of the highways, 
streets, alleys and other public ways in the City of Balti- 
more, including, but not limited to, the conversion of 
ornamental incandescent residential street lighting units 
and facilities to other units and facilities, and the acquisi- 
tion, installation and erection of any and all materials, 
equipment, lighting units, structures and facilities needed 
to properly illuminate the aforementioned public ways, and 
for doing any and all things necessary, proper or expedient 
in connection with or pertaining to any or all of the mat- 
ters or things herein mentioned ; provided, however, that 
no part of such proceeds shall be used to pay costs not 
directly related to and required for the acquisition, con- 
struction or completion of a specific physical improvement 
and the initial equipping thereof; it being the intent of 
this provision to limit the use of such proceeds to capital 
expenditures and to prohibit their use for current expenses 
of the City. 

Sec. 9. And be it further ordained, That the expenditure 
of the proceeds derived from the sale of the bonds author- 
ized to be issued under the provisions of this ordinance 
shall be in accordance with the provisions of the Charter 
of the Mayor and City Council of Baltimore, and by the 



ORDINANCES 447 

municipal agency designated in the annual Ordinance of 
Estimates of the Mayor and City Council of Baltimore. 

Approved June 16, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 77 
(Council No. 311) 

An Ordinance to authorize the Mayor and City Council of 
Baltimore (pursuant to Chapter 212 of the Acts of the 
General Assembly of Maryland of 1976), to issue and sell 
its certificates of indebtedness to an amount not exceed- 
ing Two Million Dollars ($2,000,000.00), the proceeds 
derived from the sale of the same to be used for the cost 
of issuance, including the expense of engraving, print- 
ing, advertising, attorneys' fees, and all other incidental 
expenses connected therewith, and the remainder of such 
proceeds shall be used to make or contract to make finan- 
cial loans to the owners of buildings or structures lo- 
cated within the boundaries of Baltimore City, which 
are used or occupied for commercial purposes, for or in 
connection with rehabilitating, renovating, redeveloping 
or improving said buildings or structures; to guarantee 
or insure financial loans made by third parties to the 
owners of buildings or structures located within the 
boundary lines of Baltimore City, which are used or 
occupied for commercial purposes, for or in connection 
with rehabilitating, renovating, redeveloping or im- 
proving said buildings or structures, and for doing any 
and all things necessary, proper or expedient in con- 
nection with or pertaining to any or all of the matters 
or things hereinbefore mentioned; conferring and im- 
posing upon the Commissioners of Finance of Baltimore 
City certain powers and duties; authorizing the sub- 
mission of this ordinance to the legal voters of the City 
of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore City on Tuesday, 
the 2nd day of November, 1976; providing that the fi- 
nancial loans made, guaranteed or insured shall be self- 



448 ORDINANCES Ord. No. 77 

supporting, and providing for the expenditure of the 
proceeds of said certificates of indebtedness in accord- 
ance with the provisions of the Charter of the Mayor 
and City Council of Baltimore and by the municipal 
agency designated in the annual Ordinance of Estimates 
of the Mayor and City Council of Baltimore. 

Whereas, by Chapter 212 of the Acts of the General 
Assembly of Maryland of 1976, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue and 
sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 
Two Million Dollars ($2,000,000.00), in the manner and 
upon the terms set forth in said Act, the proceeds thereof, 
not exceeding the par value of said certificates of indebt- 
edness, to be used for or in connection with making, guar- 
anteeing, or insuring financial loans for rehabilitating, 
renovating, redeveloping or improving commercial prop- 
erties in Baltimore City, as authorized by said Act; and 

Whereas, Funds are now needed for said purposes; 
therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 
more, acting by and through the Commissioners of Fi- 
nance of said municipality, be and it is hereby authorized 
and empowered to issue bonds of the Mayor and City Coun- 
cil of Baltimore to an amount not exceeding Two Million 
Dollars ($2,000,000.00), from time to time, as the same 
may be needed or required for the purposes hereinafter 
named and said bonds shall be sold by said Commissioners 
of Finance from time to time and at such times as shall 
be requisite, and the proceeds derived from the sale of said 
bonds shall be used for the purposes hereinafter named, 
provided that this ordinance shall not become effective un- 
less it shall be approved by a majority of the votes of the 
legal voters of Baltimore City cast at the time and place 
hereinafter designated by this ordinance. 

Sec. 2. And be it further ordained, That : 

(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may 
be in sums of One Thousand Dollars ($1,000.00), or any 
suitable multiple thereof. 



ORDINANCES 449 

(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as to 
discharge the entire principal amount represented thereby 
within not more than forty (40) years from the date of 
their issuance; provided, however, that it shall not be nec- 
essary to provide for the maturity of any part of the prin- 
cipal amount represented by any of said bonds for the first 
five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such 
rate or rates as may be determined by a majority of the 
Commissioners of Finance by resolution at such time or 
times when any of said bonds are issued, and such inter- 
est shall be payable semi-annually. 

Sec. 3. And be it further ordained, That a majority of 
the Commissioners of Finance of the Mayor and City Council 
of Baltimore be, and they are hereby, authorized to pass a 
resolution or resolutions, from time to time, to determine 
and set forth any or all of the following : 

(a) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under 
the provisions of this ordinance at any particular time, 
including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds; the 
provisions, if any, for the issuance of fully registered bonds ; 
the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the 
conversion and reconversion into coupon bonds of any 
fully registered bonds or coupon bonds registered as to 
principal ; the place or places for the payment of principal 
and interest of said bonds; and the date of said bonds is- 
sued at any particular time, and the right of redemption 
of said bonds by the City prior to maturity ; and 

(b) The time, place, manner and medium of advertise- 
ment of the readiness of the Commissioners of Finance, 
acting for and on behalf of the Mayor and City Council of 
Baltimore, to receive bids for the purchase of the bonds 
authorized to be issued hereunder, or any part thereof, the 
form, terms and conditions of such bids; the time, place 
and manner of awarding bonds so bid for, including the 
right whenever any of the bonds authorized by this ordi- 
nanace are offered for sale and sold at the same time as 



450 ORDINANCES Ord. No. 77 

other bonds of said City, to establish the conditions for 
bids and awards and to award all of said bonds on an all 
or none basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

Sec. 4. And be it further ordained, That : 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 
ordinance shall be applied first to defray the cost of issu- 
ance thereof and the balance, if any, shall be applied to the 
payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds are 
issued and sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable 
thereon (including any profit made in the sale thereof) 
shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provi- 
sions of this ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due 
notice of such sale, but the Mayor and City Council of 
Baltimore, acting by and through the Commissioners of Fi- 
nance thereof, shall have the right to reject any or all bids 
therefor for any reason, and thereafter reoffer such bonds 
at public sale as aforesaid or at private sale, provided that 
if such bonds be offered at private sale they shall be offered 
for sale and sold for not less than par and accrued interest. 

Sec. 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this ordinance have been paid in full, the 
Mayor and City Council of Baltimore shall levy and impose 
an annual tax on each One Hundred Dollars ($100.00) of 
assessable property in the City of Baltimore at a rate suffi- 
cient to produce revenue to pay all interest on and princi- 
pal of all bonds theretofore issued and outstanding or 
authorized to be issued and outstanding, payable in the 
next succeeding year. 

SEC. 6. And be it further ordained. That this ordinance 
shall l)e submitted to the legal voters of the City of Balti- 



ORDINANCES 451 

more, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 2nd 
day of November, 1976. 

Sec. 7. And be it further ordained, That prior to the 
date of the election hereinbefore mentioned, notice shall 
be given to the public of the amount of money which the 
Mayor and City Council of Baltimore is authorized to bor- 
row, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions 
of this ordinance, and the time when the election herein- 
before mentioned is to be held; and such public notice 
shall be given in such manner and by such means or 
through such media and at such time or times as may be 
determined, from time to time, by a majority of the Com- 
missioners of Finance. 

Sec. 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this ordinance, not ex- 
ceeding the par value thereof, shall be used exclusively for 
the following purposes, to wit : 

(a) So much thereof as may be necessary, in addition to 
the premiums realized from the sale, if any, for the cost 
of issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental ex- 
penses connected therewith ; and 

(b) The remainder of such proceeds shall be used to 
make or contract to make financial loans to the owners of 
buildings or structures located within the boundaries of 
Baltimore City, which are used or occupied for commercial 
purposes, for or in connection with rehabilitating, reno- 
vating, redeveloping or improving said buildings or struc- 
tures ; to guarantee or insure financial loans made by third 
parties to the owners of buildings or structures located 
within the boundary lines of Baltimore City, which are 
used or occupied for commercial purposes, for or in con- 
nection with rehabilitating, renovating, redeveloping or 
improving said buildings or structures, and for doing any 
and all things necessary, proper or expedient in connection 
with or pertaining to any or all of the matters or things 
hereinbefore mentioned. 



452 ORDINANCES Ord. No. 78 

Sec. 9. And be it further ordained, That no part of the 
proceeds of sale of the bonds hereby authorized to be is- 
sued shall be expended until after the Commissioners of 
Finance have determined, based upon such data as said 
Commissioners of Finance shall require to be submitted to 
them to enable them to make such determination, that any 
financial loans made, guaranteed or insured from such pro- 
ceeds, shall, in fact, be self-supporting. 

Sec. 10. And be it further ordained, That the expendi- 
ture of the proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this ordi- 
nance shall be in accordance with the provisions of the 
Charter of the Mayor and City Council of Baltimore, and by 
the municipal agency designated in the annual Ordinance 
of Estimates of the Mayor and City Council of Baltimore. 

Approved June 16, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 78 
(Council No. 204) 

An Ordinance to amend the renewal plan for the York- 
Woodbourne Urban Renewal Area, which plan was ap- 
proved by Ordinance No. 650 dated June 13, 1974, to, 
among other things: (1) extend the boundaries to in- 
clude certain properties at Woodbourne Avenue and 
Tunbridge Road; (2) authorize the acquisition by pur- 
chase or by condemnation by the Mayor and City Council 
of Baltimore, for urban renewal purposes, of certain prop- 
erties; (3) create certain new disposition parcels to 
provide off-street parking, loading, and pedestrian areas 
in the York-Woodbourne shopping district; (4) desig- 
nate the disposition parcel at 5200 York Road for Office- 
Residential use; (5) recommend proposed zoning district 
changes; (6) revise certain exhibits attached to the re- 
newal plan to indicate the changes provided herein; and 
(7) provide for the effective date hereof. 



ORDINANCES 453 

Whereas, the renewal plan for the York-Woodbourne 
Urban Renewal Area was approved by the Mayor and City 
Council of Baltimore by Ordinance No. 650, dated June 13, 
1974 and last amended by Resolution of the Board of Esti- 
mates on January 14, 1976 ; and 

Whereas, pursuant to Section 26, Article 13, of the Bal- 
timore City Code (1966 Edition), as amended by Ordinance 
No. 152, approved June 28, 1968, no substantial change or 
changes shall be made in any renewal plan after approval 
by ordinance, without such change or changes first being 
adopted and approved in the same manner as set forth in 
said Section 26 for the approval of a renewal plan, namely 
the preparation of such change or changes by the Depart- 
ment of Housing and Community Development, the ap- 
proval of such change or changes by the Planning Com- 
mission, and approval and adoption by an ordinance of the 
Mayor and City Council of Baltimore after public hearing in 
relation thereto, all in the manner set forth in said Section 
26 ; and 

Whereas, extensive changes in the renewal plan for 
York-Woodbourne make it infeasible to make line-by-line 
changes; therefore the Department of Housing and Com- 
munity Development has prepared an amended renewal 
plan for York-Woodbourne ; and 

Whereas, the amended renewal plan for York- 
Woodbourne has been approved by the Planning Commis- 
sion of Baltimore City on March 18, 1976, with respect to 
its conformity as to the Master Plan; the detailed location 
of any public improvements proposed in the amended re- 
newal plan ; its conformity to the rules and regulations for 
subdivisions; and all zoning changes' proposed in the 
amended renewal plan; and the amended renewal plan for 
York-Woodbourne has been approved and recommended to 
the Mayor and City Council of Baltimore by the Commis- 
sioner of the Department of Housing and Community 
Development on March 19, 1976; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the amended renewal plan for York- 
Woodbourne, identified as "Urban Renewal Plan, York- 
Woodbourne . . . revised to include Amendment No. 4, dated 



454 ORDINANCES Ord. No. 78 

March 18, 1976" is hereby approved and the Clerk of the 
City Council is hereby directed to file a copy of said 
amended renewal plan with the Department of Legislative 
Reference as a permanent public record and to make the 
same available for public inspection and information. 

Sec. 2. And be it further ordained, That the boundaries 
of the York-Woodbourne Urban Renewal Area shall be re- 
vised to include additional properties at Woodbourne Ave- 
nue and Tunbridge Road ; therefore, Section 2. of Ordinance 
No. 650 dated June 13, 1974, is hereby amended to read 
as follows : 

Beginning for the same at the intersection of the south 
side of Tunbridge Road and the west side of York Road; 
thence from said point of beginning and binding on the 
west side of York Road northerly to intersect a line formed 
by extending the southern lot line of 5513 York Road; 
thence binding on said line and the southern lot line of 
5513 York Road easterly to intersect the west side of the 
first 10-foot alley; thence binding on the west side of said 
10-foot alley southerly to intersect the north side of Tun- 
bridge Road; thence binding on the north side of Tun- 
bridge Road westerly to intersect a line formed by extend- 
ing the eastern lot line of 5417 York Road ; thence binding 
on said line and the eastern lot line of 5417 York Road 
southerly to intersect the northern lot line of 5413 York 
Road; thence binding on said northern lot line and the 
northernmost lot line of 5411 York Road, as extended, 
easterly to intersect the western lot line of [517 Tunbridge 
Road] Lot 38, Block 5152; thence binding on said western 
[and southern] lot line[s] of [517 Tunbridge Road south- 
erly and easterly to intersect the western lot line of 502 
Woodbourne Avenue; thence binding on said western lot 
line and the extension of said lot line] Lot 38, Block 5152 
and the eastern lot line of 50 U Woodbourne Avenue, as ex- 
tended southerly to intersect the south side of Woodbourne 
Avenue; thence binding on the south side of Woodbourne 
Avenue easterly to intersect the west side of Ready Avenue; 
thence binding on the west side of Ready Avenue southerly 
to intersect the south side of Woodan Street; thence bind- 
ing on the south side of Woodan Street westerly and 
southerly to intersect the south side of the first 3-foot 
alley ; thence binding on the south side of said 3-foot alley 



ORDINANCES 455 

westerly to intersect the eastern lot line of 500 Sheridan 
Avenue; thence binding on said eastern lot line southerly 
to intersect the north side of Sheridan Avenue ; thence bind- 
ing on the north side of Sheridan Avenue easterly to inter- 
sect a line formed by extending the eastern lot line of 501 
Sheridan Avenue ; thence binding on said line and the east- 
ern lot line of 501 Sheridan Avenue, as extended, southerly 
to intersect the south side of the first 3-foot, 9-inch alley; 
thence binding on the south side of said 3-foot, 9-inch alley 
easterly to intersect the western lot line of 508 Glenwood 
Avenue; thence binding on said western lot line, as ex- 
tended, southerly to intersect the south side of Glenwood 
Avenue ; thence binding on the south side of Glenwood Ave- 
nue westerly to intersect the western lot line of 505 Glen- 
wood Avenue; thence binding on said western lot line and 
the western lot line of 502 McCabe Avenue southerly to inter- 
sect the north side of McCabe Avenue ; thence binding on the 
north side of McCabe Avenue westerly to intersect the east 
side of York Road ; thence binding on the east side of York 
Road southerly to intersect a line formed by extending 
the north side of Notre Dame Lane ; 

thence binding on said line and the north side of Notre 
Dame Lane westerly to intersect the western lot line of 5200 
York Road; thence binding on the western and northern 
lot lines of 5200 York Road northerly, easterly, southerly, 
and easterly again to intersect the west side of York Road ; 
thence binding on the west side of York Road northerly 
to intersect the southern lot line of 5224-5228 York Road ; 
thence binding on said southern lot line westerly to inter- 
sect the east side of Crowson Avenue; thence binding on 
the east side of Crowson Avenue northerly to intersect the 
south side of Homeland Avenue; thence binding on the 
south side of Homeland Avenue easterly to intersect a line 
formed by extending the western lot line of 5306-5310 
York Road; thence binding on said line and the western 
lot line of 5306-5310 York Road northerly and westerly to 
intersect the east side of the first 13-foot alley; thence 
binding on the east side of said 13-foot alley northerly to 
intersect THE SOUTH LOT LINE OF 5316 YORK ROAD, 
THENCE BINDING ON SAID LOT LINE EASTERLY 
TO INTERSECT THE WEST SIDE OF YORK ROAD, 
THENCE BINDING ON THE WEST SIDE OF YORK 
ROAD NORTHERLY TO THE NORTH LOT LINE OF 



456 ORDINANCES Ord. No. 78 

5316 YORK ROAD, THENCE BINDING ON SAID 
NORTH LOT LINE GENERALLY WESTERLY, SOUTH- 
ERLY AND WESTERLY TO INTERSECT THE EAST 
SIDE OF THE 13 FOOT ALLEY AFORESAID, THENCE 
BINDING ON THE EAST SIDE OF SAID ALLEY 
NORTHERLY TO INTERSECT the south side of Wood- 
bourne Avenue ; thence binding on the south side of Wood- 
bourne Avenue easterly to intersect a line formed by extend- 
ing the western lot line of 5400-5438 York Road; thence 
binding on said line and the western lot line of 5400-5438 
York Road northerly to intersect the south side of Tunbridge 
Road ; thence binding on the south side of Tunbridge Road 
easterly to the point of beginning. 

Sec. 3. And be it further ordained, That it is necessary 
to acquire by purchase or by condemnation, for urban re- 
newal purposes, the fee simple interest or any lesser inter- 
est in and to certain properties or portions thereof situate 
in Baltimore City, Maryland, and described as follows : 

501 Sheridan Avenue 

517 Tunbridge Road 
519 Tunbridge Road 

500 Woodbourne Avenue 

502 Woodbourne Avenue 

501 Woodbourne Avenue 

$ZU :^e*k £ea4 
5401-5403i/> York Road 
5405 York Road 
5409 York Road 
5417 York Road 

SEC. 4. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such persons and in such manner as the Board of Esti- 
mates, in the exercise of the power vested in it by Article V, 
Section 5, of the Baltimore City Charter, may hereafter 
from time to time designate, is or are authorized to acquire 
on behalf of the Mayor and City Council of Baltimore and 
for the purposes described in this ordinance the fee simple 
interest or any lesser interest in and to the properties or 
portions thereof hereinabove mentioned. If the said Real 



ORDINANCES 457 

Estate Acquisition Division of the Department of the 
Comptroller, or such person or persons and in such manner 
as the Board of Estimates, in the exercise of the power 
vested in it by Article V, Section 5, of the Baltimore City 
Charter, may hereafter from time to time designate, is or 
are unable to agree with the owner or owners on the pur- 
chase price for said properties or portions thereof, it or 
they shall forthwith notify the City Solicitor of Baltimore 
City, who shall thereupon institute in the name of the 
Mayor and City Council of Baltimore the necessary legal 
proceedings to acquire by condemnation the fee simple 
interest or any lesser interest in and to said properties or 
portions thereof. 

Sec. 5. And be it further ordained, That the approval 
of the renewal plan for York-Woodbourne shall not be 
construed as an enactment of such amendments to the 
Zoning Ordinance as are proposed in said amended renewal 
plan. 

Sec. 6. And be it further ordained, That in whatever 
respect, if any, the amended renewal plan approved hereby 
for York-Woodbourne may not meet the requirements as 
to the content of a renewal plan or the procedure for the 
preparation, adoption, and approval of renewal plans as 
provided in Ordinance No. 152, approved June 28, 1968, 
the said requirements are hereby waived and the amended 
renewal plan approved hereby is exempted therefrom. 

Sec. 7. And be it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, sen- 
tence, paragraph, section or part in or of this ordinance or 
the application thereof to any person or circumstances is 
invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 
clause, sentence, paragraph, section or part or the applica- 
tion thereof so held invalid. 

Sec. 8. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same sub- 
ject matter as an existing provision of any zoning, build- 



458 ORDINANCES Ord. No. 79 

ing, electrical, plumbing, health, fire or safety ordinance or 
code or regulation, the applicable provisions concerned 
shall bo construed so as to give effect to each; provided, 
however, that if such provisions are found to be in irre- 
concilable conflict; the provision which establishes the 
higher standard for the promotion and protection of the 
public health and safety shall prevail. In any case where a 
provision of this ordinance is found to be in conflict with 
an ex provision of any other ordinance or code or 

regulation in force in the City of Baltimore which estab- 
lishes a lower standard for the promotion and protection of 
the public health and safety, the provision of this ordinance 
shall prevail, and the other existing provision of such other 
ordinance or code or regulation is hereby repealed to the 
extent that it may be found in conflict with this ordinance. 

Sec. 9. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 17, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 79 
(Council No. 134) 

An Ordinance to add new Section 4.0-2a-5 to Article 30 of 
the Baltimore City Code (1966 Edition), title "Zoning 
Ordinance," subtitle "Residence Districts," and to add 
new Section 13.0-2-104 to the same article and title, sub- 
title "Rules and Definitions," providing that an existing 
carriage house in an R-7 through R-10 District may be 
converted into a single family dwelling and defining 
carriage house. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 4.0-2a-5 be and it is hereby 
added to Article 30 of the Baltimore City Code (1966 
Edition), title "Zoning Ordinance," subtitle "Residence 
Districts," to read as follows: 



ORDINANCES 459 



Jf.0-2a 



5. Notioithstanding the provisions of Subsection 1 
above, an accessory carriage house existing as of April 20, 
1971, in an R-7 through R-10 District may be subdivided 
and converted into a single family dwelling provided that 
the folloiving requirements are met; 

a. The neiv lot AREA meets the minimum lot and yard 
requirements as they pertain to single family ATTACHED 
dwellings in the R-7 through R-10 districts. 

b. The building is of minimum two-story construction 
containing a minimum total floor area of 1,100 square feet. 

c. All other requirements of this ordinance are met or 
can be met through the provisions of Section 11.0-3. 

D. IN ANY HISTORIC AND ARCHITECTURAL 
DISTRICT WHERE IT CAN RE PROVED THAT A ONE- 
STORY ACCESSORY BUILDING WAS FORMERLY OF 
TWO-STORY CONSTRUCTION, AND THE OTHER RE- 
QUIREMENTS OF THIS SECTION ARE MET, THE 
BUILDING CAN BE RESTORED FOR A TWO-STORY 
SINGLE FAMILY DWELLING. 

E. NO APPLICATION OF THESE PROVISIONS 
SHALL RESULT IN AN INCREASE IN DENSITY OVER 
THE LIMIT FOR THE ORIGINAL LOT, PRIOR TO SUB- 
DIVISION. 

Sec. 2. And be it further ordained, That new Section 
13.0-2-104 be and it is hereby added to Article 30 of the 
Baltimore City Code (1966 Edition), title "Zoning Ordi- 
nance," subtitle "Rules and Definitions", to read as follows : 

13.0-2 

10 Jf. Carriage House: an accessory building of two- 
story construction formerly used OR INTENDED TO BE 
USED for the storage of horses and carriages. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved June 28, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



460 ORDINANCES Ord. No. 81 

No. 80 
(Council No. 233) 

An Ordinance to add new Section 3C to Article 1 of the 
Baltimore City Code (1966 Edition), title "Mayor, City 
Council, and Municipal Agencies/' subtitle "City Coun- 
cil," requiring department heads to provide material 
needed for the introduction of legislation. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 3C be and it is hereby 
added to Article 1 of the Baltimore City Code (1966 Edi- 
tion), title "Mayor, City Council, and Municipal Agencies," 
subtitle "City Council", to read as follows : 

3C. Legislative materials. 

It shall be the duty of the head of every City department 
or bureau established by the Baltimore City Charter or by 
ordinance to provide all technical materials, plats, drawings, 
and information that are requested by any member or the 
President of the City Council for the purpose of introduc- 
ing legislation into the Council. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 28, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 81 
(Council No. 59) 

An Ordinance to condemn and open, an alley, 5.5 feet wide, 
laid out 75 feet southeast of Court Street and extending 
from Hamlin Avenue, Southwesterly 110 feet to the end 
thereof in accordance with a plat thereof numbered 
307-A-13A, prepared by the Surveys and Records Divi- 
sion and filed in the Office of the Department of Public 



ORDINANCES 461 

Works, on the Seventeenth (17th) day of December, 
1975, and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, and 
they are hereby authorized and directed to condemn, open, 
an alley, 5.5 feet wide, laid out 75 feet southeast of Court 
Street and extending from Hamlin Avenue, Southeasterly 
SOUTHWESTERLY 110 feet to the end thereof the alley 
hereby directed to be condemned for said opening being 
described as follows: 

Beginning for the same at the point formed by the inter- 
section of the southwest side of Hamlin Avenue, 40 feet 
wide and the northwest side of a 5.5 foot alley laid out 75 
feet southeasterly from the southeast side of Court Street, 
30 feet wide and running thence binding on the southwest 
side of said Hamlin Avenue, southeasterly 5.5 feet to the 
southeast side of said 5.5 foot alley; thence binding on the 
southeast side of said 5.5 foot alley, southwesterly 110 feet 
to the southwesternmost extremity of said 5.5 foot alley; 
thence binding on the southwesternmost extremity of said 
5.5 foot alley, Northwesterly 5.5 feet to the northwest side 
of said 5.5 foot alley and thence binding on the northwest 
side of said 5.5 foot alley, Northeasterly 110 feet to the 
place of beginning, the said alley as directed to be con- 
demned being more particularly described and referred 
to among the Land Records of Baltimore City and delineated 
and particularly shown on a plat numbered 307-A-13A 
which was filed in the Office of the Department of Public 
Works on the Seventeenth (17th) day of December in the 
year 1975, and is now on file in the said Office. 

Sec. 2. And be it further ordained, That the proceedings 
of said Department of Public Works, with reference to the 
condemnation and opening of said alley and the proceed- 
ings and rights of all parties interested or affected thereby, 
shall be regulated by, and be in accordance with, any and 
all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore City 
(1964 Revision) as amended to July 1, 1973 and any and 
all amendments thereto, and any and all other Acts of the 
General Assembly of Maryland, and any and all ordinances 
of the Mayor and City Council of Baltimore, and any and all 



462 ORDINANCES Ord. No. 82 

rules or regulations in effect which have been adopted by 
the Director of Assessments PUBLIC WORKS and filed with 
the Department of Legislative Reference. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 82 
(Council No. 60) 

An Ordinance to condemn and close Haines Street, 50 feet 
wide, and extending from a point distant 235.40 feet 
southeasterly from Warner Street, 66 feet wide, South 
45°-22'-10" East 392.85 feet to the end thereof in accord- 
ance with a plat thereof numbered 326-A-9A, prepared 
by the Surveys and Records Division and filed in the 
Office of the Department of Public Works, on the 
Twenty-third (23rd) day of December, 1975, and now 
on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, and 
they are hereby authorized and directed to condemn and 
close Haines Street, 50 feet wide, and extending from a 
point distant 235.40 feet southeasterly from Warner Street, 
66 feet wide, South 45°-22'-10" East 392.85 feet to the end 
thereof, the street hereby directed to be condemned for 
said closing being described as follows : 

Beginning for the same at a point on the northeast side 
of Haines Street, 50 feet wide, distant 235.40 feet south- 
easterly, measured along the northeast side of said Haines 
Street from the southeast side of Warner Street, 66 feet 
wide, and running thence binding on the northeast side of 
said Haines Street, South 45°-22'-10" East 392.85 feet to 
the end thereof; thence binding on the southeastern- 
most extremity of said Haines Street, South 44°-38'-50" 



ORDINANCES 463 

West 50.00 feet; thence binding on the southwest 
side of said Haines Street, North 45°-22'-10" West 
392.86 feet and thence by a straight line, North 44°-39'- 
32" East 50.00 feet to the place of beginning, the said 
Haines Street as directed to be condemned being more 
particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 
shown on a plat numbered 326-A-9A which was filed in the 
Office of the Department of Public Works on the Twenty- 
third (23rd) day of December in the year 1975, and is 
now on file in said Office. 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and 
appurtenances now owned by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of the 
Mayor and City Council of Baltimore, in fee simple, until 
the use thereof shall be abandoned by the Mayor and City 
Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or inter- 
fere therewith, such person, firm or corporation shall first 
obtain permission and permits therefor from the Mayor and 
City Council of Baltimore, and shall in the application for 
such permission and permits agree to pay all costs and 
charges of every kind and nature made necessary by such 
removal, alteration or interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this ordi- 
nance until the subsurface structures and appurtenances 
now owned by the Mayor and City Council of Baltimore, 
over which said buildings or structures are proposed to be 
constructed or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the spe- 
cifications and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 



464 ORDINANCES Ord. No. 82 

Sec. 4. And be it farther ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and 
appurtenances owned by any person, firm or corporation, 
other than the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Balti- 
more City, be promptly removed by and at the expense 
of the said owners. 

Sec. 5. And be it further ordained, That on and after the 
closing of said highway or highways, the said Mayor and 
City Council of Baltimore, acting through its duly author- 
ized representatives, shall, at all times, have access to said 
property and to all subsurface structures and appurte- 
nances used by it therein, for the purposes of inspection, 
maintenance, repair, alteration, relocation and/or replace- 
ment, of any or all of said structures and appurtenances, 
and this without permission from or compensation to the 
owner or owners of said land. 

Sec. 6. And be it further ordained, That the proceedings 
of said Department of Public Works with reference to the 
condemnation and closing of said Haines Street and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code of 
Public Local Laws of Maryland and the Charter of Baltimore 
City (1964 Revision) as amended to July 1, 1973 and any 
and all amendments thereto, and any and all other Acts of 
the General Assembly of Maryland, and any and all ordi- 
nances of the Mayor and City Council of Baltimore, and any 
and all rules or regulations in effect which have been 
adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 465 

No. 83 

(Council No. 178) 

An Ordinance to amend the Inner Harbor East Renewal Plan 
which was approved by the Mayor and City Council of 
Baltimore by Ordinance No. 1188 approved November 19, 
1971 with regard to: (1) Section II-A — Boundaries of 
Inner Harbor East Renewal Area; (2) Section IV-B-2(a) 
— Land Use Provisions; (3) Section IV-B-3 — Land Use 
Provisions; (4) Section V-L — Standards and Controls — 
Discrimination Covenants and (5) Exhibits A through D. 

Whereas, the Inner Harbor East Renewal Plan was ap- 
proved by the Mayor and City Council of Baltimore by 
Ordinance No. 1188 approved November 19, 1971 ; and 

Whereas, no substantial change or changes may be made 
in the Inner Harbor East Renewal Plan, after approval by 
ordinance, without such change or changes being first 
adopted by the Planning Commission of Baltimore and 
adopted by an ordinance of the Mayor and City Council of 
Baltimore ; and 

Whereas, the Department of Housing and Community 
Development desires to amend the Inner Harbor East Re- 
newal Plan with regard to: (1) Section II-A — Boundaries 
of Inner Harbor East Renewal Area; (2) Section IV-B-2 
(a) — Land Use Provisions; (3) Section IV-B-3 — Land Use 
Provisions; (4) Section V-L — Standards and Controls — 
Discrimination Covenants; and; (5) Exhibits A through 
D;and 

Whereas, the following amendments were approved by 
the Planning Commission of Baltimore on February 5, 
1976 and was approved and recommended to the City 
Council by the Department of Housing and Community 
Development ; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the following amendments to the Inner 
Harbor East Renewal Plan (hereinafter referred to as 
"Plan") having been duly reviewed and considered are 
hereby approved and the Clerk of the City Council is hereby 
directed to file a copy of said amendments with the Depart- 
ment of Legislative Reference as a permanent public record 



466 ORDINANCES Ord. No. 83 

and make the same available for public inspection and in- 
formation : 

(a) In Section 1I-A, following the colon after the word 
"follows", delete the entire metes and bounds description 
and insert in lieu thereof the following: 

"Beginning for the same at the point formed by the in- 
tersection of the east side of Market Place, as now laid out, 
and the north side of Pratt Street, as now laid out, and 
running thence binding on the north side of said Pratt 
Street, crossing Concord Street, Easterly 266 feet, more or 
less, to intersect the northeast side of Concord Street, as 
now laid out; thence binding on the northeast side of said 
Concord Street, Northwesterly 323 feet, more or less, to 
intersect the southeast side of Lombard Street, as now laid 
out; thence binding on the southeast side of said Lombard 
Street, Northeasterly 130 feet, more or less, to intersect the 
northeast side of West Falls Avenue, as now laid out; 
thence binding on the northeast side of said West Falls 
Avenue, Southeasterly 360 feet, more or less, to intersect 
the north side of said Pratt Street; thence binding on the 
north side of said Pratt Street, Easterly 146 feet, more or 
less, to intersect the east side of East Falls Avenue, as now 
laid out ; thence binding in part on the east side of said East 
Falls Avenue, crossing Pratt Street, Stiles Street, Fawn 
Street, Eastern Avenue, and Fleet Street, in part on the line 
of the east side of said East Falls Avenue if projected south- 
erly and in all, Southerly 1512 feet, more or less, to intersect 
the center line of Aliceanna Street, as now laid out ; thence 
binding on the line of the center line of said Aliceanna 
Street if projected westerly, Westerly 60 feet, more or less, 
to intersect the northerly side of the northwest basin of 
Baltimore Harbor; thence by a straight line, across the 
northwest basin of Baltimore Harbor, Southwesterly 1160 
feet, more or less, to the point formed by the intersection 
of the existing pierhead and bulkhead line and the line of 
the south side of Montgomery Street, as now laid out 82.5 
feet wide, if projected easterly; thence binding on the 
northeast outline of the Department of Housing and Com- 
munity Development-Inner Harbor Project I Boundary, 
North 34°-05'-31" West 1920.31 feet to the southwest cor- 
ner of Pier No. 3, there situate; thence binding on the west 
side of said Pier No. 3 and on the east outline of said Inner 
Harbor Project I Boundary, North 04°-05'-10" West 726.59 



ORDINANCES 467 

feet to the south side of Pratt Street, as now laid out 120 
feet wide; thence binding in part on the south outline of 
said Inner Harbor Project I Boundary, in part on the south 
outline of the Department of Housing and Community De- 
velopment-Harbor Campus of Community College of Balti- 
more Project Boundary and in all, on the south side of last 
said Pratt Street, Easterly 676 feet, more or less, to intersect 
the line of the east side of Market Place, as now laid out, 
if projected southerly, and thence binding reversely on 
last said line so projected and on the east outline of said 
Harbor Campus of Community College of Baltimore Project 
Boundary, Northerly 120 feet, more or less, to the place 
of beginning. 

(b) In Section IV-B, following subsection 2(a)(4) add 
subsection (5) as follows: 

"(5) Utility substation". 

(c) In Section IV-B following subsection 3(h), add new 
subsection (i) as follows: 

"(i). Utility substation — Facilities for transferring, 
monitoring, etc. public/private Utilities". 

(d) In Section V, delete subsection L and insert in lieu 
thereof the following : 

"L. Discrimination Covenants : 

No covenant, agreement, lease, conveyance, or other in- 
strument shall be effected or executed by the Department 
or by a developer or any of its successors or assigns, 
whereby land in the Project is restricted by the Depart- 
ment, the developer or any successor in interest, upon the 
basis of race, color, religion, sex or national origin in the 
sale, lease, use or occupancy thereof. All agreements, leases, 
and other conveyances shall obligate the developer for it- 
self, its successors and assigns not to discriminate upon 
the basis of race, color, religion, sex or national origin in 
the sale, lease, use or occupancy of the property or any 
improvement erected or to be erected thereon or any part 
thereof/' 

(e) Delete Exhibits A through D both inclusive, and 
insert in lieu thereof, new Exhibits A through D as re- 
vised October 27, 1975. 



468 ORDINANCES Ord. No. 84 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 84 
(Council No. 248) 

An Ordinance to repeal and reordain, with amendments, 
Section 84 of Article 28 of the Baltimore City Code (1966 
Edition), title "Taxes", subtitle "Stock in Business", 
said section having been ordained by Ordinance No. 1339, 
approved April 7, 1958, and providing that for the year 
1959 twenty-five percentum (25%), and for the year 
1960, and thereafter, forty percentum (40%), of the 
total assessed valuation of the stock in business of a legal 
entity engaged in any commercial business in the City of 
Baltimore shall be exempt from taxation for all ordinary 
municipal purposes of the Mayor and City Council of Bal- 
timore and being amended in order to provide that for 
the fiscal year 1977 s4*4jy FIFTY-TWO percentum (££#► 
52%), for the fiscal year 1978 seventy SIXTY-FOUR 
percentum ( 70% 64%), for the fiscal year 1979 eighty 
SEVENTY-SIX percentum (8&% 76%), for the fiscal 
year 1980 ninety EIGHTY-EIGHT percentum (m^ 
88%), and for the fiscal year 1981, and thereafter, one 
hundred percentum (100%), of the total assessed valua- 
tion of the stock in business of a legal entity engaged in 
any commercial business in the City of Baltimore shall be 
exempt from taxation for all ordinary municipal purposes 
of the Mayor and City Council of Baltimore and providing 
that this ordinance shall take effect July 1, 1976. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 84 of Article 28 of the Baltimore 
City Code (1966 Edition), title "Taxes", subtitle "Stock in 
Business", said section having been ordained by Ordinance 
No. 1339, approved April 7, 1958, be and it is hereby re- 
pealed and reordained with amendments to read as follows: 



ORDINANCES 469 

[84. Stock in business. 

The stock in business of every person, firm, corporation 
or other legal entity engaged in any commercial business in 
the City of Baltimore shall be exempt from taxation for all 
ordinary municipal purposes of the Mayor and City Council 
of Baltimore to the extent, in the manner and at the times 
following : 

(1) For the year 1959 twenty-five percentum (25%) of 
the total assessed valuation of such stock in business shall 
be exempt from taxation as aforesaid ; and 

(2) For the year 1960, and thereafter, forty percentum 
(40%) of the total assessed valuation of such stock in 
business shall be exempt from taxation as aforesaid.] 

8U, Stock in business. 

The stock in business of every person, firm, corporation 
or other legal entity engaged in any commercial business in 
the City of Baltimore shall be exempt from taxation for 
all ordinary municipal purposes of the Mayor and City 
Council of Baltimore to the extent, in the manner and at the 
times following: 

(1) For the fiscal year 1977 &wty FIFTY-TWO per- 
centum ( 60% 52%), of the total assessed valuation of such 
stock in business shall be exempt from taxation as aforesaid; 
and 

(2) For the fiscal year 1978 ccvcnty SIXTY-FOUR per- 
centum ( 70% 6U%) of the total assessed valuation of such 
stock in business shall be exempt from taxation as aforesaid; 
and 

(3) For the fiscal year 1979 eighty SEVENTY-SIX 
percentum ( 80%) 76%) of the total assessed valuation of 
such stock in business shall be exempt from taxation as 
aforesaid; and 

(U) For the fiscal year 1980 ninety EIGHTY-EIGHT 
percentum (9 0% ) 88%c) of the total assessed valuation of 
such stock in business shall be exempt from taxation as 
aforesaid; and 

(5) For the fiscal year 1981, and thereafter, one hundred 
percentum (100%) of the total assessed valuation of such 



170 ORDINANCES Ord. No. 85 

in business shall be exempt from taxation as afore- 
said. 

Sec. 2. And be it further ordained, That any and all 
public local laws or special laws, ordinances or resolutions, 
and any and all parts of any public local laws or special 
laws, ordinances or resolutions inconsistent with any of the 
provisions of this ordinance are hereby repealed to the 
extent of any such inconsistency. 

Sec. 3. And be it further ordained. That in case it be 
judicially determined that any word, phrase, clause, item, 
sentence, paragraph or section of this ordinance, or the 
application thereof to any person or circumstance, is invalid, 
the remaining provisions and the application of such pro- 
visions to other persons or circumstances shall not be 
affected thereby, the Mayor and City Council hereby de- 
claring that they would have ordained the remaining pro- 
visions of this ordinance without the word, phrase, clause, 
item, sentence, paragraph or section, or the application 
thereof, so held invalid. 

Sec. 4. And be it further ordained, That this ordinance 
shall take effect on July 1, 1976. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 85 
(Council No. 258) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Twenty-six Thousand 
Dollars ($26,000) to the Commission for Historic and 
Architectural Preservation to be used for a site survey 
of all properties adjacent to the Baltimore Harbor area 
and to identify and record those sites which are deemed 
historically, archaeologically and/or architecturally sig- 
nificant, in accordance with the provisions of Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 
Revision). 



ORDINANCES 471 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of the formulation 
of the 1976 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Coun- 
cil by the Board of Estimates, said recommendation hav- 
ing been made at a regular meeting of said Board held on 
the 24th day of March, 1976, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of Balti- 
more City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h)(2) of the 1964 revision of the Charter of Bal- 
timore City, the sum of Twenty-six Thousand Dollars 
(826,000) shall be made available to the Commission for 
Historic and Architectural Preservation of the City of Bal- 
timore as a supplementary special fund appropriation for 
the fiscal year ending June 30, 1977 for the purpose of a 
site survey of all properties adjacent to the Baltimore Har- 
bor area and to identify and record those sites which are 
deemed historically, archeologically and/or architecturally 
significant. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the Maryland Historical Trust, said sum being 
specifically allotted to the Mayor and City Council of Balti- 
more for the aforesaid purpose; and said funds from said 
Maryland Historical Trust shall be the source of revenue 
for this supplementary special fund appropriation, as re- 
quired by Article VI, Section 2(h)(2) of the 1964 revised 
Charter of Baltimore City. 

Sec. 2. And be it further ordainea\ That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



472 ORDINANCES Ord. No. 86 

No. 86 
(Council No. 337) 

An Ordinance providing for a supplementary special loan 
fund appropriation in the amount of $1,200,000 to the 
Department of Housing and Community Development to 
be used for property improvement under the Maryland 
Industrial Development Financing Authority and City 

Ordinance in accordance with the provisions of 

Article VI, Section 2(h)(3) of the Baltimore City 
Charter (1964 Revision). 

Whereas, Article 41, Sections 266 J and 266CC, in- 
clusive, of the Annotated Code of Maryland, as amended, 
created and amended the Maryland Industrial Develop- 
ment Financing Authority, hereinafter called "MIDFA," 
and vested in it certain powers and duties in connection 
with the preservation and betterment of the economy of 
the State, authorizes any municipality of the State to 
borrow money without pledging its full faith and credit, 
and to execute a mortgage as security therefore, and use 
such money to defray the cost of acquiring an industrial 
project, including land, buildings and equipment, either 
by purchase or construction, after the adoption of an ordi- 
nance by the legislature of the municipality to do so; and 

Whereas, the money appropriated herein represents the 
proceeds of an Industrial Development Loan fully guar- 
anteed by the Maryland Industrial Development Financ- 
ing Authority ; and 

Whereas, Ordinance provides a sum of money not 

to exceed One Million Two Hundred Thousand Dollars 
($1,200,000) for the improvement of the property at 700 
West Hamburg Street, known as Lot No. 4, Fremont 
Urban Renewal Project, Baltimore, Maryland ; and 

Whereas, Ordinance provides for the leasing of the 

aforementioned property to Caplan Brothers, Inc., to be 
used in connection with its business operations ; and 

Whereas, the Industrial Development Loan represents 
a material change in circumstances since the adoption of 
the 1 975- 1 ( .>7(5 Ordinance of Estimates ; and 



ORDINANCES 473 

Whereas, the supplementary special loan fund appropri- 
ation ordained herein has been recommended to the City 
Council by the Board of Estimates, said recommendation 
having been made at a regular meeting of said Board held 
on the 19th day of May, 1976, all in accordance with 
Article VI, Section 2(h) (3) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h)(3) of the 1964 revision of the Charter of 
Baltimore City, the sum of $1,200,000 shall be made 
available to the Department of Housing and Community 
Development of the City of Baltimore as a supplementary 
special loan fund appropriation for the fiscal year ending 
June 30, 1976 for the purpose of improving the property 
located at 700 West Hamburg Street, known as Lot No. 4, 
Fremont Urban Renewal Project, Baltimore, Maryland. 
The amount thus made available as a supplementary spe- 
cial loan fund appropriation shall be expended from an 
Industrial Development Loan and shall be the source of 
revenue for this supplementary special loan fund appro- 
priation, as required by Article VI, Section 2(h)(3) of 
the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 87 
(Council No. 338) 

An Ordinance to authorize the Mayor and City Council 
of Baltimore, pursuant to and in accordance with the 
Maryland Industrial Development Financing Authority 
Act, to borrow a sum of money not to exceed One Million 
Two Hundred Thousand Dollars ($1,200,000.00), and 



474 ORDINANCES Ord. No. 87 

use the same to improve the industrial project on the 
property at 700 West Hamburg Street, known as Lot 
No. 4, Fremount Urban Renewal Project, Baltimore, 
Maryland and lease same to Caplan Brothers, Incor- 
porated; to execute the necessary legal documents to 
secure said loan : and conferring and imposing upon the 
Department of Housing and Community Development, 
certain powers and duties. 

Whereas, Ordinance No. 1022, approved November 24, 
1975 was enacted transferring all the duties and responsi- 
bilities of Baltimore City Economic Development Com- 
mission to the Department of Housing and Community 
Development thereby vesting in said department certain 
powers and duties to be exercised in connection with 
aiding the industrial growth of Baltimore City ; and 

Whereas, Article 41, Sections 266J to 266CC, inclusive, 
of the Annotated Code of Maryland, as amended, created 
and amended the Maryland Industrial Development Fi- 
nancing Authority, hereinafter called "MIDFA", and 
vested in it certain powers and duties in connection with 
the preservation and betterment of the economy of the 
State ; and 

Whereas, the aforementioned sections of said Article 41 
of the Annotated Code of Maryland, among other things, 
authorize any municipality of this State to borrow money 
without pledging its full faith and credit, and to execute 
a mortgage as security therefor, and use such money to 
defray the cost of acquiring any industrial project, in- 
cluding land, buildings and equipment, either by purchase 
or construction, after the adoption of an ordinance by the 
legislative body of the municipality to do so ; and 

Whereas, Caplan Brothers, Incorporated, a corporation 
organized and existing under the laws of the State of 
Maryland, by its letter of intent dated May 3, 1976, ad- 
dressed to the Mayor of Baltimore, hereinafter called 
"City", has requested aid and assistance from the City 
in connection with improvements to the property herein- 
after designated in Baltimore City which is presently 
owned by the Mayor and City Council of Baltimore, and 
will be leased to and used by the aforesaid Company and 
in connection with the acquisition and installation of cer- 



ORDINANCES 475 

tain items of equipment and machinery at the aforesaid 
property ; and 

Whereas, it has been determined that cooperation by 
the City in connection with the aforementioned under- 
taking will improve the economic condition of Baltimore 
City ; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That (a) pursuant to and in accordance with 
the terms and provisions of Sections 266J to 266CC of 
Article 41 of the Annotated Code of Maryland, as amended, 
which created and amended MIDFA : 

(1) The City be and it is hereby fully authorized and 
empowered to borrow a sum of money not exceeding One 
Million Two Hundred Thousand Dollars ($1,200,000.00) 
and to use the same for or in connection with improve- 
ments to the property located at 700 West Hamburg Street, 
known as Lot No. 4 Fremont Urban Renewal Project, 
Baltimore, Maryland, which property was previously ac- 
quired by the City and is to be leased to the Caplan 
Brothers, Incorporated, for an industrial project; and to 
execute a mortgage on said property to secure the afore- 
said loan; the term of said mortgage shall not exceed 
twenty-five (25) years, and the rate of interest not 
be paid by the City in connection with said loan shall not 
exceed six and one quarter percent (6.25%) per annum. 
In the event that said interest is validly determined for any 
reason not to be exempt to the lender from Federal or State 
of Maryland income tax, the interest rate will automatically 
be increased to a rate not to exceed twelve percent (12%) 
for the period affected by such determination. 

(2) The terms and provisions of any and all legal 
instruments to be executed or entered into by the City 
in connection with the transaction authorized by this ordi- 
nance shall be subject to the approval of the Board of 
Estimates. 

SEC. 2. And be it further ordained, That the Depart- 
ment of Housing and Community Development is hereby 
fully authorized and empowered for the purpose of this 
ordinance only : 



476 ORDINANCES Ord. No. 88 

(a) To promote, make investigations, conduct prelim- 
inary negotiations, and do any and all other things neces- 
sary or proper to expedite the consummation of the trans- 
actions mentioned in this ordinance; all pursuant and 
subject to the provisions of the Charter of Baltimore 
City. 

(1)) After the transactions mentioned in this ordi- 
nance have been fully consummated, the Department of 
Housing and Community Development shall do any and 
all other things necessary, proper or expedient to assure 
the full performance by Caplan Brothers, Incorporated, 
of any and all of the terms and provisions in any and 
all agreements entered into by the City and Caplan 
Brothers, Incorporated, all subject to the provisions of 
the Charter of Baltimore City. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 88 
(Council No. 354) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of One Hundred Seventy-Five 
Thousand Dollars ($175,000) to the Department of Social 
Services to be used for defraying operating deficits due 
to general public assistance employable grants in excess 
of available appropriations and receipt of late billing by 
the state of Maryland for unmatched costs incurred in 
fiscal 1975, in accordance with the provisions of Article 
VI, Section 2(h) (3) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents 
revenues produced by penalties on parking fines in excess 
of the revenues estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1976 fiscal year and are therefore avail- 



ORDINANCES 477 

able for appropriation to the Department of Social Services 
pursuant to the provisions of Article VI, Section 2(h)(3) 
of the Baltimore City Charter (1964 Revision) ; and 

Whereas, the supplementary general fund appropria- 
tion ordained herein has been recommended to the City 
Council by the Board of Estimates, said recommendation 
having been made at a meeting of said Board held on the 
19th day of May, 1976, all in accordance with Article VI, 
Section 2(h) (3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2 of the 1964 revision of the Charter of Baltimore 
City the sum of One Hundred Seventy-Five Thousand 
Dollars ($175,000) shall be made available to the Depart- 
ment of Social Services as a supplementary general fund 
appropriation for the fiscal year ending June 30, 1976 for 
the purpose of defraying operating deficits due to General 
Public Assistance Grants in excess of available appropria- 
tions and receipt of late billing by the State of Maryland for 
unmatched cost incurred in fiscal 1975. The amount thus 
made available as a supplementary general fund appropria- 
tion shall be expended from revenue derived from penalties 
on parking fines in excess of the amount from this source 
which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1976 fiscal year; and said funds shall 
be the source of revenue for this supplementary general 
fund appropriation, as required by Article VI, Section 2 
of the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 89 
(Council No. 355) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of Twenty Thousand Five 



478 ORDINANCES Ord. No. 89 

Hundred Dollars ($20,500) to the Fire Department, 
Program 215, Fire Alarm and Communications, to be 
used for defraying operating deficits caused by unfore- 
seen costs of equipment purchases which were not 
anticipated in the fiscal 1976 budget, in accordance with 
the provisions of Article VI, Section 2(h)(3) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents 
revenues produced by penalties on parking fines in excess of 
the revenues estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1976 fiscal year and are therefore 
available for appropriation to the Fire Department, Pro- 
gram 215 — Fire Alarm and Communications, pursuant to 
the provisions of Article VI, Section 2(h)(1) of the Bal- 
timore City Charter (1964 Revision) ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a meeting of said Board held on the 19th 
day of May, 1976, all in accordance with Article VI, Section 
2(h)(3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2 of the 1964 revision of the Charter of Baltimore 
City the sum of Twenty Thousand Five Hundred Dollars 
($20,500) shall be made available to the Fire Department, 
Program 215 — Fire Alarm and Communications as a sup- 
plementary general fund appropriation for the fiscal year 
ending June 30, 1976 for the purpose of defraying operating 
deficits caused by the unforeseen costs of equipment pur- 
chases which were not anticipated in the fiscal 1976 budget. 
The amount thus made available as a supplementary general 
fund appropriation shall be expended from revenue derived 
from penalties on parking fines in excess of the amount 
from this source which was estimated or relied upon by the 
Board of Estimates in determining the tax levy required 
to balance the budget for the 1976 fiscal year; and said 
funds shall be the source of revenue for this supplementary 
general fund appropriation, as required by Article VI, 
Section 2 of the 1961 revised Charter of Baltimore City. 



ORDINANCES 479 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 90 

(Council No. 356) 

An Ordinance providing for a Supplementary General Fund 
Appropriation in the amount of Two Hundred Sixty 
Three Thousand One Hundred Eighty Dollars ($263,180) 
to the Fire Department, Program 214 Ambulance Service 
to be used for defraying operating deficits caused by 
certain personnel costs which were not anticipated in 
the fiscal 1976 budget, in accordance with the provisions 
of Article VI, Section 2(h)(3) of the Baltimore City 
Charter (1964 Revision). 

Whereas, the money appropriated herein represents 
revenues produced by penalties on parking fines in excess of 
the revenues estimated and relied upon by the Board of Esti- 
mates in determining the tax levy required to balance the 
budget for the 1976 fiscal year and are therefore available 
for appropriation to the Fire Department Program 214, 
Ambulance Service pursuant to the provisions of Article 
VI, Section 2(h)(3) of the Baltimore City Charter (1964 
Revision) ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a meeting of said Board held on the 19th day 
of May, 1976, all in accordance with Article VI, Section 
2(h)(3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2 of the 1964 revision of the Charter of Baltimore 
City the sum of Two Hundred Sixty Three Thousand One 



480 ORDINANCES Ord. No. 91 

Hundred Eighty Dollars ($263,180) shall be made available 
to the Fire Department Program 214, Ambulance Service as 
a supplementary general fund appropriation for the fiscal 
year ending June 30, 1976 for the purpose of defraying 
operating deficits caused by certain personnel costs which 
were not anticipated in the fiscal 1976 budget. The amount 
thus made available as a supplementary general fund 
appropriation shall be expended from revenue derived from 
penalties on parking fines in excess of the amount from 
this source which was estimated or relied upon by the 
Board of Estimates in determining the tax levy required 
to balance the budget for the 1976 fiscal year; and said funds 
shall be the source of revenue for this supplementary gen- 
eral fund appropriation, as required by Article VI, Section 
2 of the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 91 
(Council No. 357) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of Fifty Three Thousand 
Three Hundred and Twenty Dollars ($53,320) to the Fire 
Department, Program 212 — Fire Suppression, to be used 
for defraying operating deficits caused by unforeseen costs 
of equipment purchases which were not anticipated in the 
fiscal 1976 budget, in accordance with the provisions of 
Article VI, Section 2 (h) (3) of the Baltimore City Charter 
(1964 Revision). 

Whereas, the money appropriated herein represents 
revenues produced by penalties on parking fines in excess 
of the revenues estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1976 fiscal year and are therefore avail- 
able for appropriation to the Fire Department, Program 



ORDINANCES 481 

212 — Fire Suppression, pursuant to the provisions of Article 
VI, Section 2(h)(3) of the Baltimore City Charter (1964 
Revision) ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a meeting of said Board held on the 19th day 
of May, 1976, all in accordance with Article VI, Section 
2(h)(3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2 of the 1964 revision of the Charter of Baltimore 
City the sum of Fifty Three Thousand Three Hundred and 
Twenty Dollars (553,320) shall be made available to the 
Fire Department, Program 212 — Fire Suppression, as a 
supplementary general fund appropriation for the fiscal 
year ending June 30, 1976 for the purpose of defraying 
operating deficits caused by the unforeseen costs of equip- 
ment purchases which were not anticipated in the fiscal 
1976 budget. The amount thus made available as a supple- 
mentary general fund appropriation shall be expended from 
revenue derived from penalties on parking fines in excess of 
the amount from this source which was estimated or relied 
upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1976 fiscal year ; and 
said funds shall be the source of revenue for this supple- 
mentary general fund appropriation, as required by Article 
VI, Section 2 of the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 92 
(Council No. 358) 



An Ordinance providing for a supplementary general fund 
appropriation in the amount of Four Hundred Seventy 



482 ORDINANCES Ord. No. 92 

Five Thousand Dollars ($475,000) to the Department 
of Public Works to be used in accordance with the 
provisions of Article VI, Section 2(h)(3) of the Bal- 
timore City Charter (1964 Revision) . 

Whereas, the money appropriated herein represents 
revenues produced by the local income tax in excess of 
the revenues estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1976 fiscal year and are therefore 
available for appropriation to the Department of Public 
Works pursuant to the provisions of Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision); 
and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendations having 
been made at a meeting of said Board held on the 19th day 
of May, 1976, all in accordance with Article VI, Section 
2(h) (3) of the said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2 of the 1964 revision of the Charter of Baltimore City 
the sum of Four Hundred Seventy Five Thousand Dollars 
($475,000) shall be made available to the Department of 
Public Works as a supplementary general fund appropria- 
tion for the fiscal year ending June 30, 1976 for the pur- 
pose of meeting unanticipated operating costs in Program 
546 — Water Distribution, Water Meters and Investigation, 
Department of Public Works. The amount thus made avail- 
able as a supplementary general fund appropriation shall be 
expended from revenue derived from the local income tax in 
excess of the amount from this source which was estimated 
or relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1976 fiscal 
year; and said funds shall be the source of revenue for 
this supplementary general fund appropriation, as required 
by Article VI, Section 2 of the 1964 revised Charter of Bal- 
timore City. 



ORDINANCES 483 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 93 
(Council No. 359) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of Three Hundred Seventy 
Five Thousand Dollars ($375,000) to the Department of 
Public Works to be used in accordance with the provisions 
of Article VI, Section 2(h)(3) of the Baltimore City 
Charter (1964 Revision) . 

Whereas, the money appropriated herein represents 
revenues produced by the local income tax in excess of the 
revenues estimated and relied upon by the Board of Esti- 
mates in determining the tax levy required to balance the 
budget for the 1976 fiscal year and are therefore available 
for appropriation to the Department of Public Works pur- 
suant to the provisions of Article VI, Section 2(h) (3) of 
the Baltimore City Charter (1964 Revision; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendations having 
been made at a meeting of said Board held on the 19th day 
of May, 1976, shall in accordance with Article VI, Section 
2(h)(3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2 of the 1964 revision of the Charter of Baltimore City 
the sum of Three Hundred Seventy Five Thousand Dollars 
(5375,000) shall be made available to the Department of 
Public Works as a supplementary general fund appropria- 
tion for the fiscal year ending June 30, 1976 for the pur- 
pose of meeting unanticipated operating costs in Program 
518 — Maintenance and Repair of Storm Water System. The 



484 ORDINANCES Ord. No. 94 

amount thus made available as a supplementary general 
fund appropriation shall be expended from revenue derived 
from the local income tax in excess of the amount from this 
source which was estimated or relied upon by the Board 
of Estimates in determining the tax levy required to balance 
the budget for the 1976 fiscal year; and said funds shall 
be the source of revenue for this supplementary general 
fund appropriation, as required by Article VI, Section 2 of 
the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 94 

(Council No. 360) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of Two Hundred Fifty 
Thousand Dollars ($250,000) to the Department of Public 
Works to be used in accordance with the provisions of 
Article VI, Section 2 (h) (3) of the Baltimore City Charter 
(1964 Revision). 

Whereas, the money appropriated herein represents 
revenues produced by the local income tax in excess of the 
revenues estimated and relied upon by the Board of Esti- 
mates in determining the tax levy required to balance the 
budget for the 1976 fiscal year and are therefore available 
for appropriation to the Department of Public Works 
pursuant to the provisions of Article VI, Section 2(h) (3) 
of the Baltimore City Charter (1964 Revision) ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendations having 
been made at a meeting of said Board held on the 19th day 
of May, 1976, all in accordance with Article VI, Section 
2(h) (3) of said Charter. 



ORDINANCES 485 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2 of the 1964 revision of the Charter of Baltimore 
City the sum of Two Hundred Fifty Thousand Dollars 
($250,000) shall be made available to the Department of 
Public Works as a supplementary general fund appropria- 
tion for the fiscal year ending June SO, 1976 for the pur- 
pose of meeting unanticipated operating costs in Program 
553 — Water Supply Engineering, Department of Public 
Works. The amount thus made available as a supplementary 
general fund appropriation shall be expended from rev- 
enue derived from the local income tax in excess of the 
amount from this source which was estimated or relied 
upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1976 fiscal year; 
and said funds shall be the source of revenue for this 
supplementary general fund appropriation, as required by 
Article VI, Section 2 of the 1964 revised Charter of Bal- 
timore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 95 
(Council No. 361) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of Five Hundred Thousand 
Dollars ($500,000) to the Department of Public Works to 
be used in accordance with the provisions of Article VI, 
Section 2(h)(3) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents 
revenues produced by the local income tax in excess of the 
revenues estimated and relied upon by the Board of Esti- 
mates in determining the tax levy required to balance the 



486 ORDINANCES Ord. No. 96 

budget for the 1976 fiscal year and are therefore available 
for appropriation to the Department of Public Works 
pursuant to the provisions of Article VI, Section 2(h)(3) 
of the Baltimore City Charter (1964 Revision) ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendations having 
been made at a meeting of said Board held on the 19th day 
of May, 1976, all in accordance with Article VI, Section 
2(h) (3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2 of the 1964 revision of the Charter of Baltimore City 
the sum of Five Hundred Thousand Dollars ($500,000) shall 
be made available to the Department of Public Works as a 
supplementary general fund appropriation for the fiscal 
year ending June 30, 1976 for the purpose of meeting 
unanticipated operating costs in Program 544 — Mainte- 
nance and Repair of Sanitary Systems, Department of 
Public Works. The amount thus made available as a supple- 
mentary general fund appropriation shall be expended from 
revenue derived from the local income tax in excess of the 
amount from this source which was estimated or relied 
upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1976 fiscal year; 
and said funds shall be the source of revenue for this 
supplementary general fund appropriation, as required by 
Article VI, Section 2 of the 1964 revised Charter of Bal- 
timore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 96 
(Council No. 362) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of Nine Hundred Thousand 



ORDINANCES 487 

Dollars ($900,000) to the Department of Public Works 
to be used in accordance with the provisions of Article 
VI, Section 2(h) (3) of the Baltimore City Charter (1S64 
Revision). 

Whereas, the money appropriated herein represents 
revenues produced by the local income tax in excess of the 
revenues estimated and relied upon by the Board of Esti- 
mates in determining the tax levy required to balance the 
budget for the 1976 fiscal year and are therefore available 
for appropriation to the Department of Public Works 
pursuant to the provisions of Article VI, Section 2(h) (3) 
of the Baltimore City Charter (1964 Revision) ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendations having 
been made at a meeting of said Board held on the 19th day 
of May, 1976, all in accordance with Article VI, Section 
2(h) (3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2 of the 1964 revision of the Charter of Baltimore 
City the sum of Nine Hundred Thousand Dollars ($900,000) 
shall be made available to the Department of Public Works 
as a supplementary general fund appropriation for the fiscal 
year ending June 30, 1976 for the purpose of meeting 
unanticipated operating costs in Program 521 — Special 
Services. The amount thus made available as a supple- 
mentary general fund appropriation shall be expended from 
revenue derived from the local income tax in excess of the 
amount from this source which was estimated or relied 
upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1976 fiscal 
year; and said funds shall be the source of revenue for this 
supplementary general fund appropriation, as required by 
Article VI, Section 2 of the 1964 revised Charter of Bal- 
timore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



488 ORDINANCES Ord. No. 97 

No. 97 
(Council No. 363) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of One Million Dollars 
($1,000,000) to the Department of Public Works to be 
used in accordance with the provisions of Article VI, 
Section 2(h)(3) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents 
revenues produced by the local income tax in excess of the 
revenues estimated and relied upon by the Board of Esti- 
mates in determining the tax levy required to balance the 
budget for the fiscal year 1976 and are therefore available 
for appropriation to the Department of Public Works 
pursuant to the provisions of Article VI, Section 2(h) (3) 
of the Baltimore City Charter (1964 Revision) ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendations having 
been made at a meeting of said Board held on the 19th day 
of May, 1976, all in accordance with Article VI, Section 
2(h) (3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2 of the 1964 revision of the Charter of Baltimore 
City the sum of One Million Dollars ($1,000,000) shall be 
made available to the Department of Public Works as a 
supplementary general fund appropriation for the fiscal 
year ending June 30, 1976 for the purpose of meeting 
unanticipated operating costs in Program 515 — Refuse Col- 
lection. The amount thus made available as a supplementary 
general fund appropriation shall be expended from revenue 
derived from the local income tax in excess of the amount 
from this source which was estimated or relied upon by 
the Board of Estimates in determining the tax levy 
required to balance the budget for the 1976 fiscal year; and 
said funds shall be the source of revenue for this supple- 
mentary general fund appropriation, as required by Article 
VI, Section 2 of the 1964 revised Charter of Baltimore City, 



ORDINANCES 489 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 98 
(Council No. 364) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of Two Hundred Ninety 
Thousand Dollars ($290,000) to the Jail Board of the 
city of Baltimore to be used for the cost of boarding 
prisoners for other jurisdictions, in accordance with the 
provisions of Article VI, Section 2(h)(1) of the Bal- 
timore City Charter (1964 Revision) . 

Whereas, the money appropriated herein represents rev- 
enues produced by boarding prisoners for other jurisdic- 
tions in excess of the revenues estimated and relied upon 
by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1976 fiscal year 
and are therefore available for appropriation to the City 
Jail pursuant to the provisions of Article VI, Section 
2(h)(1) of the Baltimore City Charter (1964 Revision); 
and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a meeting of said Board held on the 19th 
day of May, 1976, all in accordance with Article VI, Sec- 
tion 2(h) (1) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2 of the 1964 revision of the Charter of Baltimore City 
the sum of Two Hundred Ninety Thousand Dollars ($290,- 
000) shall be made available to the City Jail as a supple- 
mentary general fund appropriation for the fiscal year end- 
ing June 30, 1976 for the purpose of covering unanticipated 



490 ORDINANCES Ord. No. 99 

costs for boarding an unusually high number of prisoners 
from other jurisdictions. The amount thus made available 
as a supplementary general fund appropriation shall be 
expended from revenue derived from the boarding of 
prisoners from other jurisdictions in excess of the amount 
from this source which was estimated or relied upon by the 
Board of Estimates in determining the tax levy required 
to balance the budget for the 1976 fiscal year; and said 
funds shall be the source of revenue for this supple- 
mentary general fund appropriation, as required by Article 
VI, Section 2 of the 1964 revised Charter of Baltimore 
City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 30, 1976. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 99 
(Council No. 365) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of One Million One Hundred 
Sixty Six Thousand Dollars ($1,166,000) to the Depart- 
ment of Education to be used for unanticipated operating 
expenses in accordance with the provisions of Article 
VI, Section 2(h)(1) of the Baltimore City Charter 
(1964 Revision). 

Whereas, the money appropriated herein represents rev- 
enues produced by State Aid for Handicapped Pupils in 
excess of the revenues estimated and relied upon by the 
Board of Estimates in determining the tax levy required 
to balance the budget for the 1976 fiscal year and are there- 
fore available for appropriation to the Department of 
Education pursuant to the provisions of Article VI, Section 
2(h)(1) of the Baltimore City Charter (1964 Revision); 
and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 



ORDINANCES 491 

by the Board of Estimates, said recommendation having 
been made at a meeting of said Board held on the 19th day 
of May, 1976, all in accordance with Article VI, Section 
2(h) (I) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2 of the 1964 revision of the Charter of Baltimore City 
the sum of One Million One Hundred Sixty Six Thousand 
Dollars ($1,166,000) shall be made available to the Depart- 
ment of Education as a supplementary general fund appro- 
priation for the fiscal year ending June 30, 1976 for the 
purpose of unanticipated operating expenses in Program 
404 — Plant Operations. The amount thus made available 
as a supplementary general fund appropriation shall be 
expended from revenue derived from State Aid for Handi- 
capped Pupils in excess of the amount from this source 
which was estimated or relied upon by the Board of Esti- 
mates in determining the tax levy required to balance the 
budget for the 1976 fiscal year; and said funds shall be 
the sou